ABSTRACT

This chapter introduces the incentives and drivers behind green leases for owners, occupiers and investors; the legislative provisions which have and will impact upon making leases green, and the clauses typically found within green leases and how these impact upon the obligations of the parties. Aside from the legislative drivers for owners and occupiers of commercial buildings there are other factors which may make a green lease desirable. A detailed consideration of these regulations is beyond the scope but they are briefly considered below as they one of the drivers behind the adoption of green lease provisions. One of the key challenges with regard to energy performance improvements in commercial buildings is the split incentive. The CRC Energy Efficiency Scheme is a mandatory reporting and pricing scheme aimed at improving energy efficiency in large public and private organisations. Energy Savings Opportunity Scheme (ESOS) was designed to implement part of the EU Energy Efficiency Directive 2012/27.