The Scotsman

Put your energies into green innovation

Real estate specialist Carol Nisbet urges owners to tackle the carbon emissions from their buildings

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In an age of growing environmen­tal awareness, there has never been a sharper focus on climate change and energy transition.

This presents both a challenge and opportunit­y for the UK commercial property sector, which is coming under increased scrutiny for its significan­t impact on the environmen­t.

A 2016 report by the World Economic Forum revealed that the real estate sector uses more energy than any other and is a growing contributo­r to global CO2 emissions.

It highlighte­d the sector’s consumptio­n of more than 40 per cent of annual global energy – higher than transport and industrial sectors – with 20 per cent of greenhouse gas emissions originatin­g from buildings.

Commercial buildings account for 40 per cent of raw materials globally – equating to three billion tonnes per annum – and the report forecasted a 56 per cent increase in building CO2 emissions by 2030.

The sector is already subject to a raft of energy-related legislatio­n. A 2010 directive on energy performanc­e made it mandatory for most European properties to hold an energy performanc­e certificat­e (EPC) and monitor energy use.

Here in Scotland, nearly all commercial property sold or leased must have a valid EPC.

Additional legislatio­n came into force in 2016, requiring many commercial properties to undergo an assessment of carbon and energy performanc­e and carry out improvemen­t measures.

England has a tougher regime of minimum energy efficiency standards, which make it unlawful for a landlord to lease properties with an energy rating below a prescribed threshold.

While these standards do not currently apply in Scotland, it can only be a matter of time before we see similar regulation­s.

Therefore, investors and owners with Scottishba­sed assets need to take steps to reduce their carbon emissions before costly regulation and enforcemen­t sets in.

Occupiers will be impacted as the costs of improvemen­t measures are passed down the chain.

Increasing­ly, commercial landlords require tenants to identify environmen­tal performanc­e improvemen­t strategies, carry them out and provide detailed energy data.

Climate change is also playing a significan­t role in many commercial property investment decisions.

While taking a proactive approach in advance of further legislatio­n may be costlier in the short term, adapting existing buildings and constructi­ng new developmen­ts to be more energy efficient and less reliant on fossil fuels can create more resilient, and therefore more valuable, assets in the longer term.

Any business that does not take steps to address the environmen­tal efficiency of its properties also runs the risk of devaluing its portfolio, making it harder to sell or lease its assets in the future.

With prediction­s of a substantia­l increase in commercial property CO2 emissions, there is little doubt that further legislatio­n will be introduced to regulate the sector. Property owners and occupiers must plan for this inevitabil­ity to avoid a longer-term impact on their business.

Carol Nisbet is a partner at law firm CMS

“With prediction sofa substantia­l increase in commercial property co 2 emissions, there is little doubt that further legislatio­n will be introduced”

 ??  ?? Improvemen­t measures, such as the installati­on of solar panels, increase the energy efficiency and value of properties
Improvemen­t measures, such as the installati­on of solar panels, increase the energy efficiency and value of properties
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