A consultation on updated guidance for conveyancers around what to advise clients on climate risk has been launched by the Law Society of England and Wales.
In April 2023 conveyancers were told it was their duty to advise clients on climate legal risks when acting in transactions; although they “should not advise on climate change physical risks where it is outside their knowledge or qualification”. The Law Society say this latest consultation will help shape guidance which will provide practical details for conveyancers on what to do around climate risk.
“Our members who work in conveyancing have been seeking greater clarity on how climate risk affects their conveyancing practice and practical guidance that can help them to best advise their clients,”
said Law Society deputy vice president Mark Evans, who revealed on the Today’s Conveyancer Podcast just last week the upcoming Law Society Property Conference Agenda would include information about the next round of guidance on climate change. The Law Society have confirmed there will be a panel discussion on the proposed practice note at the conference which being hosted on 16 October.
“The Law Society wants to support solicitors by providing guidance that helps them navigate this important and complex topic. We have been working with conveyancing and environmental groups to explore how a new climate risk and conveyancing practice note could support members with their professional duties and best practice”
he added. Keith Davidson, environmental lawyer and partner at Irwin Mitchell and welcomed the guidance
“Climate change is accelerating and real estate lawyers need to warn clients about the significant risks. The Practice Note was never going to please everyone, however, I think the right balance has been found. Funders and insurers already demand these searches and clients will be concerned about the physical and transition risks. Not addressing this and the issues raised puts us and our clients at risk. If practitioners follow the recommended steps and add disclaimers, this will remove risks of PI claims at a later date.”
The proposed practice note would provide practical guidance on:
- How climate change and its associated risks are impacting the UK’s property stock.
- Understanding solicitor duties related to climate risk and liability.
- Communicating climate risks to clients, lenders, and other stakeholders.
- Navigating climate-related searches and advising clients on how to act on the results.
“The Law Society is keen to get input from as many members as possible to help ensure the proposed practice note reflects real-world issues, supports best practice and empowers members to better advise and protect their clients. We want to hear from members about the challenges they face advising clients on climate risk and what further support they need to make sure the practice note will be relevant, balanced, and fits into their day-to-day conveyancing work.”
Concludes Mark Evans. Conveyancers are encouraged to take part in the consultation, which will run for six weeks until 31st October 2024, via The Law Society’s website.
6 responses
Rather than asking us to comment I want to ask why anyone feels that conveyancers – WHOSE JOB IT IS DO THE LEGAL WORK RELATING TO A PROPERTY – NOTHING MORE NOTHING LESS – are being burdened with Climate Change. The Law Society and CLC need to stand up for us poor overworked overwrought stressed out conveyancers and say ENOUGH! Throw it back the surveyors to advise on – surely this is more in keeping with their profession than ours given that they should know better than us how climate change would affect a structure?
It beggars belief the stupidity that has assailed this profession since the mid-1990s. If we could actually strike without harming our profession and our clients I reckon 99% would!
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The Law Society has got this whole topic very wrong.
Last year’s ‘guidance ‘ was widely condemned by property lawyers.
The Law Society needs to check with its members first before deciding to making their professional lives so much more difficult.
Incidentally, the Law Society is also wrong at law.
This is yet another example of the ridiculous state that conveyancing has got into.
The only thing that any conveyancer should be saying to any prospective purchaser of property is “Climate risks may affect the prop you wish to buy. You should take help from an expert on climate and environmental risks to assess the particular risks associated with the property. We cannot advise on these risks as they are beyond our expertise.”
Mr Davidson isn’t a conveyancer. Perhaps what we all ought to do is suggest our conveyancing clients contact him.
Interesting how the lawyers in the room has not read the article properly – that’s worrying given that your job is to read documents thoroughly and report on them.
Take a look back and you will see that the Law Society are only planning on telling conveyancers where to report on climate change where it impacts the law eg the law says you can only let property with an EPC rating of E (currently). I would feel comfortable advising a client of this.
You will also note that the article states that the Law Society IS consulting on this. So please do take the time to realise your wish and have your say but please read the consultation thoroughly before responding or commenting as you have here.
Dear Calling out the troll
Your comment is naive to put it mildly.
The fundamentals underpinning the ‘consultation’ have been set in stone. What the consultation is debating is the extent to which the practice note will increase professional negligence claims against conveyancers.
Many lawyers have read the consultation notes and are very angry as to what they have read