Sustainability and energy efficiency in buildings - thinking design through from the outset and taking the long-term view
Background
Pursuant to the Climate Change Act 2008, the UK has set itself a legally binding national target to reduce carbon dioxide emissions by 80% by 2050. Buildings are responsible for approximately 50% of the UK's total carbon dioxide emissions and the government has therefore set out to reduce greenhouse gas emissions by making all buildings more energy efficient. The government wants all new homes to be zero carbon by 2016 and all non - domestic buildings by 2019.
The effect on the design process of buildings
In order to achieve this objective, local authorities are exercising their power under the planning regime to ensure buildings, once completed, will achieve a high level of energy efficiency. Therefore, all of the individual designs for the parts of the building will need to be thought through upfront in detail and will need to be fully co-ordinated to show how the overall design will meet the objective of producing an energy efficient building. Without such detailed designs being submitted to the local authority, planning is perhaps unlikely to be granted or, if granted, it is likely to be granted with onerous conditions geared to achieving energy efficiency.
As energy performance certificates have to be made available to prospective purchasers or tenants of a building, it is in the developer's interest to achieve the highest level of energy efficiency possible.
The outcome
There will be less opportunity for misunderstandings as all the component designs will need to be completed upfront and in a co-ordinated approach. Hence, there is less likely to be disputes relating to the integration and co-ordination of the design.
- There will be less need for variations in order to avoid unforeseen design changes.
- There will be a requirement of greater compliance with performance specifications governing the "pay back" of the building as it performs over time in terms of energy efficiency relating to cost in use. The insurable reasonable skill and care obligation of designers will need to cover these more sophisticated and dynamic design duties.
- Developers and funders will need to invest more in front-end design fees.
- Consultants will need to safeguard payment in their Appointments for an increased amount of upfront design work in the event the project is abandoned or shelved.
Conclusion
Overall, the new regime appears to be a positive impact on risk because of increased certainty and co-ordination in the design required from the outset of a development. However, we need to ensure all appointments cater for upfront planning, co-ordination, co-operation and integration of design to ensure a commitment and obligation to comply with performance specifications over the lifecycle of the building and of course, this must be "back to back" with PI insurance requirements.