Modern Law Magazine Issue 67

FORUM
FORUM
How can Conveyancers stay updated on local and national
environmental regulations and compliance requirements that may
affect property transactions?
Mike: Conveyancers can stay updated on local and national
environmental regulations and compliance requirements that may
impact property transactions through various methods. Firstly,
they can maintain close contact with environmental agencies and
regulatory bodies to receive direct updates on any changes in laws
or regulations. Additionally, they should review official government
websites, where these regulations are often published and updated.
Attending industry conferences can be beneficial as environmental
issues are currently a hot topic. Subscribing to relevant newsletters
and online forums can help Conveyancers stay informed about
the latest developments in environmental regulations. Combining
these strategies, Conveyancers can ensure they remain up to date
on the ever-evolving environmental compliance, thereby providing
guidance to clients in property transactions.
Thomas: Conveyancers should always follow the latest directions
from their specific Regulator. It is also recommended that
lawyers become familiar with the guidance and environmental
policy updates published by other professional bodies, such as
the Practice Notes on Contaminated Land, Flood Risk, Climate
Change or Green Leases issued by the Law Society.
Attending professional seminars, workshops, and conferences
related to property law and environmental regulations is also
a great way for practitioners to stay informed about practice
changes and legal updates. Unfortunately, due to the time,
travel and financial commitment often associated with these
events, this avenue may not be open to all individuals.
Therefore, another opportunity worth exploring is reaching out
to your search provider.
Many suppliers supporting the legal profession, such as tmgroup,
frequently offer free opportunities for continuing professional
development through regular bite-size webinars and publications
on pertinent matters and newly emerging risks. These resources
can be easily accessed on demand and are an invaluable tool in
staying up-to-date with the latest industry developments.
“Attending professional seminars, workshops,
and conferences related to property law and
environmental regulations is also a great
way for practitioners to stay informed about
practice changes and legal updates.”
“The drive towards greener thinking is
naturally more focused on those right
at the beginning of the process.”
David: We undertake hundreds of webinars, face to face events
and in-house training for firms across the country every year.
We also work with online training providers, such as the Legal
Eye Academy, to deliver on-line e-certification for conveyancing
teams. This can demonstrate to COLPs and risk managers in the
firm that the team has undergone a consistent, accredited and
independent training with external experts to stay up to speed on
the Guidance, prevailing regulations and best practice.
Chris: The drive towards greener thinking is naturally more
focused on those right at the beginning of the process – such
as developers and architects, or even lenders. Of course,
conveyancers are critical stakeholders, but their focus and
unique value lies in shaping and advising on issues within the
context of the relevant legal or regulatory framework. As the
primary role of a lawyer is to be definitive on risk compliance
and legislative adherence, green issues are challenging as
they tend to be more nebulous or are not yet in a sufficiently
advanced legislative state. Specific to conveyancing for
example, practitioners need to know the exact nature of any
industry documentation produced, for example, whether it’s a
requirement, advisory note or instruction. They would be able
to advise more clearly when the legislative framework is also
clear. Furthermore, we must not forget that the consumer is an
important facilitator of change. Buyers and sellers are calling
for progress around green issues, and in some areas – such
as residential energy performance – the sector is becoming
clearer with its thinking as a result. We shouldn’t forget that
collaboration is underpinned by communication, so we should
focus on ways to bring all of these stakeholders (including
consumers) together in an efficient way to improve the current
conveyancing process, and power collective progress and
iterative improvements.
What are the potential cost
implications of adopting
environmentally conscious
practices in conveyancing, and
how can these be managed?
Mike: Adopting environmentally conscious practices in
conveyancing can carry potential cost implications, but they
can be managed effectively. Initially, the costs associated with
conducting thorough environmental due diligence, such as
environmental searches and surveys, may increase expenses
in the short term. However, these costs are often outweighed
by the long-term benefits, as they can help identify and
mitigate potential environmental risks that may arise in the
future, saving clients from unexpected expenditures. Investing
in energy-efficient or green property improvements can raise
the upfront costs of a transaction but can lead to reduced
operating expenses over time, benefiting both the environment
and the property owner. Conveyancers can help manage these
costs by reporting to clients about the financial advantages of
environmentally sustainable choices, including potential tax
incentives or energy savings that may be revealed in search
results. By raising the long-term economic benefits of ecofriendly
practices and advising of cost-effective approaches,
Conveyancers can make environmentally conscious transactions
more appealing to their clients.
David: Clearly, there are a number of office, administrative and
facilities management strategies that can drive down a firm’s
operational carbon footprint. Many conveyancing practices and
workflow systems are fully cloud based and there has been a dramatic
reduction in physical paper use. Long gone are the days when the
quality of the conveyance was down to the thickness of the file.
IT managers in firms will understand all of this already and there
are well proven efficiencies that have been delivered. However,
being environmentally conscious as a law firm requires a culture
and mindset that starts at the top and works through the
business consistently.
We have recently become a Certified B Corporation - an 18 month
journey but a really valuable process that shone a light on much
of the work that we had been doing already. While it takes time
and effort to seek certification, it validates all that your firm does
with regard to its impact on the environment, the well-being of
your teams and your contribution to society. A number of law
firms, of varying sizes, are part of the B Corp Community and it
provides a really strong differentiation in the market. This would be
especially the case if your firm has a strong environmental practice
or is making ESG commitments. Becoming B Corp means you are
walking the walk and can avoid any accusations of “greenwashing”.
How can conveyancers collaborate
with other stakeholders, such as
real estate agents and developers,
to promote sustainable development
and green building practices?
Mike: Conveyancers can play a role in promoting sustainable
development and green building practices by collaborating
with other stakeholders in the real estate industry, such as real
estate agents and developers. They can start by participating
in meetings and conferences, where they can exchange ideas,
insights, and expertise with these partners. Conveyancers can
also facilitate open lines of communication to share information
about eco-friendly property listings, green certifications, and the
benefits of sustainable building practices. By working together,
conveyancers, real estate agents, and developers can collectively
drive awareness of sustainable development and environmentally
responsible real estate choices, helping to meet the growing
demand for greener, more sustainable properties in the market.
This collaborative approach ultimately benefits the environment,
property owners, and the whole industry.
David: It is highly likely that conveyancers will have little
direct engagement with developers on sustainable building
materials and construction as this would have been determined
under standard building regs and any additional design/
spec requirements committed by the developer as planning
conditions. However, ahead of that commercial real estate lawyers
will want to advise developer clients on the land quality, site
conditions including disposition to flooding from its topography,
groundwater and drainage. In part, this may determine where
they place sustainable drainage versus development plots.
Energy performance is an increasingly key part of property
attraction now and the role of the EPC and related retrofit costs
on existing older property will be a key discussion between client,
estate agent and the conveyancer in the negotiation. This is
one of the reasons why we include not only the EPC and related
estimated energy improvement costs, but also a comparison to
others in the area to see how it meets up to the local competition
and what it would need to be in order to be attractive for re-sale.
“Being environmentally conscious as a
law firm requires a culture and mindset
that starts at the top.”
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