Turning construction ‘green’

The Prime Minister’s announcement that the UK will aim to reduce its carbon emissions by 81% by 2035 is certainly ambitious. According to the Official Statistics of the Department for Environment Food & Rural Affairs, England generated 63.0 million tonnes of non-hazardous construction and demolition waste in 2022. Further statistics from RICS and the Royal Academy of Engineering estimates that the UK construction industry is responsible for circa 40% of the UK’s carbon emissions.

With demolition and construction practices and materials accounting for such a high percentage of the UK’s carbon emissions, what can industry practitioners and interested parties do to help reduce the construction industry’s carbon footprint?

UK Net Zero Carbon Buildings Standard

September 2024 saw the launch of the pilot version of the UK Net Zero Carbon Buildings Standard (the ‘Standard’). The aim of the Standard is both to ‘reduce spurious claims around net zero carbon, and to accelerate the design, construction and use of buildings that deliver lower-carbon outcomes in line with the UK’s legally binding carbon targets.’

The Standard is the outcome of over two years of collaborative thinking and consultation from construction industry experts and stakeholders, resulting in a ‘rulebook’ setting out the criteria and requirements for buildings (in certain sectors) to be considered and certified as ‘net zero carbon aligned’ by considering a building’s carbon emissions and energy efficiency. The Standard is voluntary and intended as both a framework and a tool for anyone seeking to demonstrate that their building is net zero carbon, with different requirements, limits, and targets depending on the type of building (new or existing), and the sector that the building is in.

For example, all buildings wishing to be certified must be fossil fuel free, and would need to report and meet the Standard’s limits including, but not limited to:

• upfront carbon (defined as ‘greenhouse gas emissions associated with construction products and construction processes’)
• operational energy limits, including:
• (for certain sectors) heating demands
• global warming potential of refrigerants

as well as meet the Standard’s targets – for example the amount of renewable electricity generated on site.

Applicable to both the construction and the use of buildings, the Standard applies to the entire life cycle of a building (from design to demolition) but conformity with the Standard is only possible for completed and fully operational buildings.

Reuse, re-purpose, recycle

Despite their stability and durability, which have made them a staple in construction projects, the production of building materials such as steel and concrete are some of the most carbon intensive processes. It therefore goes without saying that, reducing the volume of materials needed or using existing materials more effectively and efficiently would go a long way to reducing carbon emissions.

As a result, developers should be mindful of the carbon footprint created when demolishing existing structures, and whether retaining existing structures and undertaking refurbishment using existing materials, or sustainable alternatives would be a viable option.

Linked to this, the 2024 Edition of the JCT Design and Build Contract made a few changes aimed at improving the environmental impact of construction projects. Clause 2.1.5 (which was previously an optional Supplemental Provision under Schedule 2) encourages the contractor to suggest improvements in ‘environmental performance and sustainability’ (provided such suggestions are economical) and new clause 2.2.2 requires the contractor to provide all information that the Employer reasonably requests regarding the environmental impact of the supply and use of materials and goods. See our previous article – What’s changed in the JCT 2024? – for other changes made in JCT 2024.

Closing thoughts

The UK as a whole has a long way to go to reduce its carbon footprint, but progress is being made in the construction industry to address the impact that the ‘built world’ has on carbon emissions and energy efficiency through the use of forward-thinking design and sustainable material selection, and encouraging collaborative engagement when considering the environmental impact of buildings once in use and occupation. Whilst bespoke drafting can (in the right circumstances) be included in construction documents by lawyers to address this, everyone involved in the industry has a part to play in helping achieve the UK’s carbon targets – considering sustainable options from the beginning, and involving lawyers early in the project, can help ensure that environmental requirements and responsibilities are captured.