Climate Change Burdens – A new mechanism for Climate Change Mitigation and Adaptation for Property
Climate Change Burdens are a new legal mechanism that were formed as part of the Climate Change (Scotland) Act 2009 to enable owners of land and built assets to bind climate change requirements they select to the title deeds for all future owners. The burden can be imposed by any landowner selling property, but is enforceable by a Trust or public body nominated to enforce the particular burden. They are based on a known and proven model first established by the Scottish Parliament in 2003 but adapted to the needs and concerns of climate change.
In conjunction with Tods Murray LLP, solicitors, and Thirdwave Consultants, we have developed this guidance in order to set out what Climate Change Burdens can achieve, how they work, the legal basis on which they can be established and defined, who can benefit from this mechanism and why they are good for Scotland and those concerned with the future operation and development of Scottish assets.
A pdf version of the summary guidance can be downloaded below.