Climate change and property – solicitors’ questions answered
Find answers to common questions related to our climate change and property practice note.
We have included clips from our climate change and property webinar. Answers are provided by our webinar panel members:
- Alasdair Cameron – policy adviser for climate change, planning and environmental law at the Law Society
- Amy Allen – senior knowledge lawyer in the real estate team at Norton Rose Fulbright
- Sarah Cookson – director and head of conveyancing at Switalskis Solicitors
- Warren Gordon – senior professional support lawyer in the real estate team at CMS
All the panellists were involved in drafting the climate change and property practice note.
Common questions
In addition to the climate change and property practice note, we have published an accompanying supplementary technical note (PDF 266 KB).
This technical note contains information relating to climate risk that you or your client may find useful.
The technical note provides further relevant information for solicitors and their clients to help them understand how climate risk may impact UK properties.
The technical note was prepared in collaboration with environmental scientists and search companies. It does not constitute Law Society policy on the matter.
Summary
Section 3.3 of the climate change and property practice note includes sample wording for transactional documents.
You should follow the guidance in the practice note. Explain to clients that you are not qualified to advise on the technical, practical and financial consequences which flow from the results of a climate search.
You do not need to ask your client each time you commission a search.
You can ask once at the beginning of the transaction, but you should record it in writing.
Summary
No, you do not need to ask for copies of client-commissioned climate searches as a matter of course.
You should confirm with clients at the start of a transaction if they are planning to commission a climate search, or if they would like you to commission one.
If your client would like more information on the content of climate searches or climate risks in general, you can share our supplementary technical note (PDF 266 KB).
Summary
You should always present the best available science to clients.
If you believe the searches you’re working with have limitations, you may want to flag this with your client and with the search provider.
The section on Representative Concentration Pathways (RCPs) in the practice note and technical note has more information on how climate risks are predicted in searches.
Searches will evolve over time. We will continue to review and update the practice note based on feedback and current best practice.
Summary
It is fine to commission climate risk searches as a matter of course, but you should let your client know you’re doing this.
You must also share the results of climate searches with your client.
Summary
Climate searches provide a basic indication of whether there could be problems related to climate risks in the future.
There will be well known providers that solicitors tend to use. These providers offer similar services and information.
Search providers are usually happy to answer questions from you or your client. For example, how they conduct searches or obtain their data.
Many providers have helplines and include links in their reports to find out more information.
Section 3.4 of our climate change and property practice note has more information on climate risk searches.
Overview of the practice note
Watch these short video clips to learn more about specific practice note sections and key topics.
Introduction to the practice note
Climate change policy adviser, Alasdair Cameron, shares more information on how the practice note was developed with our members.
Senior professional support lawyer Warren Gordon explains the importance of the practice note for property solicitors.
“Whilst the note is the Law Society's view of good practice, it is not intended to impose new burdens on solicitors. Instead, the note recognises that climate change is here, it's not going away. The note seeks to support solicitors in understanding what they should and should not be doing.”
Warren Gordon – senior professional support lawyer
Physical climate risks
Senior knowledge lawyer Amy Allen explains how physical climate change risks could affect property transactions.
She also discusses what solicitors are qualified to advise on.
Section 2.1 of our climate change and property practice note has more information on physical climate risks.
Transition risks
Amy shares examples of transition risks in a property context.
Section 2.2 of our climate change and property practice note has more information on transition risks.
Legal or liability risks
Amy outlines how legal or liability climate risks may arise and why property solicitors should advise their clients about them.
Section 2.3 of our climate change and property practice note has more information on legal or liability risks.
Checklist for property transactions and sample report on title wording
Warren offers guidance on how to use the practice note checklist when explaining key climate risk points to your clients.
He also gives more detail on the sample report on title wording included in the practice note.
Section 3.2 of our climate change and property practice note includes the checklist for property transactions.
Climate risk searches
Amy shares more information on climate risk searches, including how and when to carry out a search.
Section 3.4 of our climate change and property practice note has more information on climate risk searches.
Considerations when acting for clients
Director and head of conveyancing, Sarah Cookson, shares tips on how to tailor climate risk advice for your clients
Section 4 of our climate change and property practice note has more information on acting for clients in different types of transactions.
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