Climate change burden
Real burdens? ?Boring?, you may say?. Indeed, often little consideration is given to imposing real burdens or conditions upon the sale of land or property. After the introduction of?legislation in 2010, however, real burdens have become more attractive to charities, housing associations and individuals with an environmental conscience as they can now be used to combat climate change.
The Climate Change (Scotland) Act 2009 creates a concept known as a 'climate change burden', which must have as its purpose the reduction of greenhouse gas emissions in Scotland.
What sort of burdens may be imposed?
The legislation allows property owners to impose a climate change burden on their property or land that requires a subsequent owner to comply with certain conditions intended to reduce the impact that property or site has on the environment through harmful emissions and in turn combat climate change.
Specific examples of climate change burdens could include:
- the installation of double glazing, solar panels or wind turbines at a property
- combatting carbon emissions through the planting of trees
- prohibiting the use of certain harmful materials in a development (e.g. petrochemicals)
These new burdens may be particularly useful to charities seeking to dispose of land but retain an environmental focus for it.
Who will enforce these burdens?
A burden can only be enforced by:
- the Scottish Government,
- a local authority
- other public body.
This means that although any person or organisation may create a climate change burden, only public bodies may enforce it. It is up to one of these public bodies to make sure the incoming owner of a property or a development complies with the terms of a climate change burden. Surprisingly, however, there is no obligation on a property owner to seek consent from a public body prior to creating a climate change burden.
If you have a question in relation to climate change burdens ? or burdens in general ? and how they could benefit your organisation please contact our team.
