More than two in three conveyancers think they have a duty of care to advise their clients on the risks that climate change represent to property, new research has indicated.

Environmental analytics firm, Groundsure, conducted a poll that asked property lawyers whether they agreed that “solicitors owe their clients a duty of care to advise them about the risks that climate change presents to UK land and buildings”.

The result revealed that while 32% of conveyancers disagreed, 68% were in agreement.

Groundsure’s poll was from its recent Conveyancing Climate Change Conference. The analytics firm stated that climate change now presents both “physical risks” to some properties as well as “transition risks” for the future, as the attitude of lenders and future purchasers hardens.

“The close proximity of the relationship between a lawyer and their client is self-evident,” said Groundsure CEO, Dan Montagnani. “While proving causation can be challenging, the latest climate risk data shows predicted climate impacts on specific, individual properties in an easy to understand format.

“The main argument on whether a duty of care applies in respect of climate change may rest on the ‘fair, just and reasonable’ test and the particular circumstances of the case.

“Given the growing awareness of climate risk in the UK; the likelihood and scale of climate risk; the response of professional bodies and legal commentators; and the availability of data to explain climate risk impacts on specific properties – judges are likely to conclude it would be ‘fair, just and reasonable’ to extend the duty of care which lawyers owe to clients to include a duty to advise them about climate risk.”

Environmental lawyer, Stephen Sykes, added: “The climate crisis will have real and significant repercussions for millions of property owners across the UK. While lawyers are not climate scientists, that does not mean that borrowers should be left high and dry to draw their own conclusions about these risks.”

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