The Law Society, the independent professional body for solicitors in England and Wales, has launched its “milestone climate change guidance”, which follows on from its commitment to its climate resolutions in 2021.
The guidance provides support for solicitors and law firms on how to manage their business in a way “which is consistent with the transition to net zero”.
It also offers guidance on greenwashing, climate change impacts on physical risks and climate legal risks, issues on the interplay of legal advice, climate change and solicitors’ professional duties and issues that may arise from the solicitor-client relationships in the contract of climate change.
The trade body said that further sector-specific guidance would be published in due course.
Guidance ‘changes nothing’ for conveyancers
Beth Rudolf, director of delivery at the Conveyancing Association, said the guidance “in effect, this changes nothing”.
She explained that the Law Society Conveyancing Handbook has “made it clear” ever since the environmental legislation of the 1990s, that as well as the risk of contamination the conveyancer should advise a buyer on environmental issues which may concern them.
“A quick review of the UK Finance Lender’s handbook shows what lenders are concerned about. However, no conveyancer can be expected to advise on environmental risks of the future, as we are neither environmental experts nor Nostradamus,” Rudolf noted.
She added: “We believe the following information, identified by the Upfront Information Group of the Home Buying and Selling Group, would impact the average consumer’s transactional decision.
“Existing environmental products, which we understand are undertaken on 98 per cent of the purchase transactions, will provide the information on what issues the buyer or lender should take advice on from the relevant expert.”
This includes contaminated land identified on the property, the garden or next to property, high risk of flooding in the past five years, radon gas or other heath effects impacting the geology of the property or garden, mining or types of fracking within 20 metres of the property or garden, man-made items built or within planning application within 300 metres of the property or natural ground stability issues within 25 metres of the property.
