<p>Filter Knowledge</p>

Environmental, social and governance (ESG) considerations have come to the fore of real estate investment strategy during recent years. In the first of our briefings on this topic, we consider three developments in legislation in the "E" space and how those developments present challenges but also opportunities for the care home and senior living sectors to contribute to the overall debate on how to implement "E" objectives within the built environment. 

On 5 April 2023, the Commission launched a consultation on its draft of the long-awaited technical screening criteria ("TSC") for the four remaining Taxonomy objectives, sometimes known as "TAXO4"¹.  The TAXO4 TSC were initially intended to be in place by 1 January 2023, a year after the TSC for the first two environmental objectives, but have been significantly delayed. Therefore, the draft's publication finally provides a fuller picture of the Taxonomy and gives those with ambition to align to the remaining environmental objectives an idea of the scale of that task.

Travers Smith LLP has advised BUUK Infrastructure (“BUUK”) on its acquisition of Levelise Limited ("Levelise"), a home energy management system that links high numbers of domestic battery systems to a suite of advanced algorithmic controls. The transaction also involved the transfer of assets from Social Energy Limited to Levelise prior to completion.   

By now, most large UK organisations will be familiar with the Energy Savings Opportunity Scheme ("ESOS"), which is the UK's implementation of Article 8 of the EU Energy Efficiency Directive, requiring those in scope to measure and audit their energy use. In anticipation of ESOS reporting deadline later this year, we outline the main changes to Phase 3, and how they may impact an organisation's energy reporting.

As legislators and regulators increase their focus on human rights and good governance, the UN Principles for Responsible Investment ("UNPRI"), an international organisation that works to promote the incorporation of environmental, social and governance (ESG) factors into investment decision-making, announced at the end of last year the creation of a new collaborative stewardship initiative, Advance.

Our ESG timeline archive sets out past UK and EU legal and regulatory developments relating to ESG and wider sustainable business topics from January 2022 onwards. As with the main timeline, the timeline archive can be filtered according to your business type or the relevant ESG theme.

Last week one of the most significant conferences related to biodiversity concluded in Canada. COP15 has come shortly after the close of COP27 and attendees sought to agree a new set of goals to hopefully halt and reverse the worrying loss of natural capital that our planet is currently facing.

In this briefing we look at some of the key changes to law and practice that we anticipate taking place in 2023 which will affect the real estate sector, focussing on real estate development, real estate investment, real estate M&A, real estate occupiers, the senior living sector and the private rental sector.

Travers Smith LLP has advised Lifezone Metals, a developer of cleaner metals for EV batteries, on its combination with GoGreen Investments (NYSE: GOGN).

Last month the UK Government announced it will give businesses another two years to apply the new UKCA product safety markings and continue to recognise the EU CE mark during the extended transitional period.

Travers Smith LLP has advised long-standing client Adventurous Journeys Capital Partners (AJ Capital Partners) on its acquisition of the four-star Adelphi Portrush Hotel, situated on the north-coast of Northern Ireland.

Claimants are finding novel ways to advance collective proceedings, including the increasingly popular collective proceedings regime in the Competition Appeal Tribunal ("CAT").  While this regime was introduced to facilitate competition law claims, claimant law firms are finding creative ways to use it for matters that do not appear, at first blush, to be "competition" related matters at all. 

On 18 November 2022, the European Securities and Markets Authority (ESMA) published a consultation on the text of proposed draft guidelines relating to the use of ESG or sustainability related terms in funds' names (the Draft Guidelines).

Welcome to the inaugural edition of the Travers Smith Infrastructure newsletter.

As COP27 drew to a close on the afternoon of Friday 18 November, following two weeks of the conference in Sharm el-Sheikh, the first drafts of the COP27 agreement were published, but getting the deal finalised looked to be a difficult task.

With COP27 starting earlier this week, all eyes remain on what progress governments and international organisations are able to make to meet climate critical finance targets. Climate finance is a major issue at COP27, as it has been since developed countries initially agreed to mobilise $100 billion per year at COP15 in 2009 by 2020 (later extended to 2025). However, this annual target has never been met.

The UK's Prime Minister may have changed but the Growth Plan unveiled in September remains in place - at least for now. Armed with new powers to repeal and replace EU law under the so-called Brexit Freedoms Bill, the Plan appears to envisage an ambitious programme of regulatory reform.

COP27 is due to take place in Egypt from 6 to 18 November 2022. The summit comes at a time when there are acute energy issues across the globe, increasing numbers of extreme weather events and worrying data from the Intergovernmental Panel on Climate Change ("IPCC") which indicates we may not be doing enough to avoid the worst aspects of the climate crisis.

Travers Smith LLP has advised long-standing client Adventurous Journeys Capital Partners (AJ Capital Partners) on its acquisition of The Dornoch Hotel in Scotland. Positioned along the popular North Coast 500 driving route, the hotel will be the fifth addition to AJ Capital Partners' Marine & Lawn Hotels & Resorts division, a collection of bespoke properties located in world renowned golf destinations.