ESG Clauses in Commercial Leases and EU Regulations
ESG Clauses in Commercial Lease Agreements – New Publication in “Rzeczpospolita”
In the Real Estate supplement of Rzeczpospolita, an article dedicated to ESG clauses in commercial lease agreements has been published, authored by Jagoda Rzechowska‑Ochrym, Senior Associate and legal counsel, and Justyna Staszkiewicz‑Maj, Associate and legal counsel.
The authors analyse how lease agreements are increasingly moving beyond their traditional role of regulating rent and technical matters and are becoming an important tool for managing ESG risk in the commercial real estate sector.
ESG in Commercial Leases – Regulatory Context
The publication discusses the impact of key EU regulations, including the CSRD Directive, the EU Taxonomy and regulations on energy performance of buildings, on the relationship between landlords and tenants.
Green Clauses in Practice
Particular attention is paid to the practical aspects of drafting so‑called green clauses, which typically cover, among other things:
- energy efficiency and utility consumption,
- building certifications such as BREEAM or LEED,
- ESG data reporting obligations,
- sanctions and enforcement mechanisms.
As the authors point out, ESG clauses are becoming increasingly relevant not only for the day‑to‑day operation of commercial properties but also for their market value and access to financing.
From “Light Green Clauses” to Binding ESG Commitments
The article also addresses current market trends and challenges related to the shift from declarative and non‑binding light green clauses to genuinely enforceable ESG provisions, which are gradually becoming a market standard in commercial lease agreements.
The full article is available on the “Rzeczpospolita” website:
ESG clauses in commercial lease agreements – Rzeczpospolita
