Following the publication of The Law Society Climate Change Risk Property Practice Note Today's Conveyancer Podcast host David Opie speaks to former Groundsure CEO and now consultant to the market Dan Montagnani about what the Practice Note does, and critically, doesn't include and what action property lawyers might take as a result.
Building on the guidance published in 2022, the Practice Note provides property-specific outcomes with clarity no doubt welcomed as it helps define the boundaries of legal responsibility and provides a framework for managing client expectations.
Historically, climate risk in UK property law has focused heavily on flooding. However, the new guidance broadens the scope to include:
Wildfires – increasingly common in the UK, with recent events on Dartmoor and the Manchester Moors.
Drought and water stress – which can affect ground stability and infrastructure.
Heat stress – particularly in urban environments, impacting livability and energy efficiency.
While flooding remains a significant concern (with one in six UK properties at risk), the legal and practical implications of these other issues are becoming more pronounced and must be considered in property transactions.
And it's important to say this is not being driven by the search industry, adds Dan, highlighting the work ongoing across surveying (surveyors and lawyers share a collective responsibility to inform clients) lending and insurance sectors where climate risk is being factored in decision-making driven by both market forces and regulatory pressure.
As has been said before, the guidance reinforces that property lawyers are not expected to assess climate risks themselves but are responsible for:
- Identifying when a property may be affected by climate-related risks.
- Advising clients to seek further information, such as through environmental or climate-specific searches.
- Ensuring clients understand the implications, particularly regarding insurance availability, mortgage lending, and long-term property value.
Importantly, lawyers should clearly define the scope of their services in the retainer, especially if they choose to exclude climate risk advice. However, doing so may require significant effort to ensure clients understand the consequences of that exclusion.
In terms of market acceptance Dan draws parallels with the evolution of contaminated land searches, which took a decade to become standard practice. He predicted that climate searches will become routine much faster due to the availability of the data, regulatory momentum and greater consumer pressure.
By embracing climate risk assessments, clearly communicating with clients, and leveraging available data, conveyancers can not only protect themselves from liability but also enhance the quality and integrity of their service he concludes.
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