Law Society launches guidance on climate risks

The Law Society of England and Wales has introduced a new practice note aimed at supporting property solicitors in the increasingly important area of climate risk. Launched on 12 May, this initiative is designed to complement existing practice notes on flood risk and contaminated land, while also building on groundbreaking climate change guidance released in 2023. The development of this new note comes in response to calls from members for clearer directives on how climate risk influences conveyancing practices, as well as practical advice for assisting clients with their queries.

The new practice note has emerged after an extensive consultation process that began in September of the previous year. This initiative involved roundtable discussions and engagements with conveyancing solicitors, industry bodies, local law societies, and conveyancing associations. Feedback gathered during this consultation indicated that many practitioners felt ill-equipped to discuss climate risks with clients, leading to a strong interest in further training and resources.

Mark Evans, vice president of the Law Society, expressed that the guidance is designed to assist solicitors facing a “new challenge” in the realm of climate risk that lacked clarity. He noted: “We have ensured that the new practice note is positioned as voluntary guidance that seeks to assist the profession in dealing with a new challenge on which they had little clarity in how to deal with.”

This newly launched practice note offers practical advice, helping solicitors manage the complexities of climate risk within property transactions. It contains useful resources, including draft wording for reports on title that mitigate member liability, which solicitors acknowledged is vital for addressing climate concerns effectively. The note covers various topics, including examples of climate risks in property transactions, methods for advising on climate risk, acting for clients across different transaction types, and considerations regarding valuations and surveys.