Building construction projects that are sustainable, also known as green buildings, prioritize environmental responsibility and resource efficiency throughout a building’s lifecycle. However, building practitioners who wish to construct sustainable buildings must undertake several legal mandates, including strict adherence to zoning and land use laws, building codes, and other regulations that govern safe and sound construction.
Even highly praised green building projects have faced legal pushback when implemented improperly. Here are several of guidelines and regulations governing sustainable construction. Paul Bucco from Davis Bucco & Makara informs us that these factors cover the main areas of potential legal conflict.
Building Codes and Standards
A key legal aspect of sustainable construction is adherence to the multitude of national and local codes that govern any sort of construction. An increasing number of jurisdictions have adopted standards for sustainable or “green” building.
These often overlap somewhat with the sustainability movement in that they call for increased energy efficiency, better use of materials (including more recycled content), and improved overall building performance. Even if a project is not required to meet these standards, there are still many good reasons to follow them.
Environmental Regulations
Construction projects that are sustainable must follow a number of environmental laws imperative for the conservation of natural resources. Projects must comply with a key set of regulations that include the Clean Air Act (CAA), Clean Water Act (CWA), and many others.
Failure to comply with these regulations can result in big problems for a developer that are simply just not worth creating. They could face fines and substantial delays to their project while they get everything back on track.
Paul Bucco from Davis Bucco & Makara warns they could even end up with serious legal liabilities that follow them for a long time. And all of this is completely avoidable by simply following the regulations.
Energy Efficiency and Renewable Energy Incentives
Incentives such as tax credits, grants, and rebates are offered by many governments to encourage sustainable building practices. Acts such as the Energy Policy Act (EPA) serve to provide financial benefits for energy-efficient construction. But taking advantage of the aforementioned incentives requires compliance with particular criteria and quite a bit of documentation.
Contracts and Liability Issues
Different entities participate in building projects, especially sustainable ones. Because of this, it is imperative that each party’s responsibilities are contractually defined and agreed to. The main categories of participants in any building project are:
- Contractors
- Architects
- Engineers
- Suppliers
Not establishing obvious contractual obligations can result in disputes and legal problems. It is of the utmost importance to include enforceable green building provisions in all documented agreements.
If You Need Legal Counsel or Representation for Your Project, Contact Paul Bucco from Davis Bucco & Makara
Legal factors influencing sustainable construction are very complicate. But they are necessary for making sure all projects comply with the law, stay within budget. Result in a building that actually has the reduce impact on the environment it is design to.
Contractors must be inform about all the many rules and regulations that pertain to their projects. Obtain all the necessary permits, and have contracts that make clear the rights and duties of all the project participants. This can be a lot to handle without the help of a legal expert in this field.
