Sustainability is becoming an increasing priority across all sectors of business, and the construction industry is no exception.
With more than a tenth of the world’s carbon emissions coming from initial construction projects, the need to implement sustainable building practices is especially important.
Developers and construction teams are often required, whether by law or investors, to meet defined sustainability targets.
Failure to meet these targets could result in fines, reputational damage or loss of investment – so it is essential, for both the environment and your business, that sustainable practices are put at the heart of your business.
Green initiatives in the construction industry
There are a number of initiatives specifically designed to enhance sustainability at the construction process, including the Building Research Establishment Environmental Assessment Method (BREEAM), Biodiversity net gain (BNG), and Environmental Impact Assessments (EIA).
EIAs are a legal requirement for many construction projects under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.
However, truly sustainable construction projects need to go beyond the regulatory minimum.
Construction contracts
Construction contracts provide the best opportunity to integrate sustainability initiatives into the foundations of your project – since they are already integral to most building projects and create a legal obligation between signatory parties.
Joint Contract Tribunals (JCTs) provide a comprehensive framework for managing the relationship between all parties involved in construction projects, including employers, contractors, and subcontractors.
Because JCT contracts are designed to clearly define the roles and responsibilities of each party, they are an ideal point to assign responsibility for sustainability outcomes during a construction project.
However, New Engineering Contracts (NECs) offer a more straightforward approach that fosters collaboration and reduces the risk of disputes.
This cooperative working often results in faster, more successful project outcomes – essential to reducing carbon emissions.
Additionally, NEC users are now required to show their drive towards achieving net zero greenhouse gas emissions alongside reaching other climate and biodiversity targets.
Putting green clauses in your construction contracts
Every contract should contain clauses that outline each party’s sustainability targets and obligations.
For example, you should consider:
- Low emission working methods.
- Sustainable materials and supplies.
- Certification and environmental reporting requirements.
- Independent audits of sustainability measures.
- Eco-credentials of third-party services – including your solicitors!
Construction law solicitors can advise on any sustainability clauses you may wish to include.
If the sustainability requirements of the project change across its duration, it is advisable to seek legal advice to renegotiate the relevant parts of the contract.
Green compliance
At the individual project level, regulatory compliance is involved at every stage, from land acquisition and planning to project completion and maintenance.
From eco-conscious procurement and environmental protection to low emission working practices, it is vital that you formally document every action your business takes to ensure that the project is sufficiently sustainable.
This will help you demonstrate that you have met your legal obligations and other sustainability conditions.
Sustainable support with Palmers Solicitors
As the construction industry shifts towards greater environmental responsibility, businesses must prepare for increased scrutiny and transparency in their sustainability practices.
You will need to reassess your contractual practices and approach to building projects, ensuring compliance and demonstrating a commitment to sustainability.
At Palmers Solicitors, our construction law experts are here to help you embed green goals into your projects, ensure compliance with regulations, and incorporate sustainability into construction best practices.
For tailored advice on meeting your project’s sustainability requirements, get in touch with our construction law specialists today.