Climate change implications for property transactions in Scotland

The Law Society of Scotland’s Property Law Committee is reviewing how climate change risks might impact the advice which solicitors should give for property transactions.

The Committee is aware of a practice note recently issued by the Law Society of England and Wales titled Climate change and property.

The note provides guidance to English and Welsh practitioners on how to address climate risks when advising on property transactions, whether they relate to residential, commercial or mixed-use properties.

In its statement announcing the guidance, the Law Society of England and Wales stated: “As climate risks become more prevalent, solicitors may need to highlight relevant legal issues to clients during property transactions.”

In Scotland, the Property Law Committee is considering what changes to the Law Society of Scotland’s published conveyancing Guidance might be necessary to address climate risks, but can confirm that, at the present time, its conveyancing Guidance remains unchanged.