As referred to in this previous blog, on decarbonisation in the built environment, "if you want to improve performance, measure performance". Data is key to measurement, but as neatly summarised in this piece by Frankie Demetriades at Fiera Real Estate, "messy" ESG data in the built environment remains "a problem to be solved". 

As Frankie notes, one of the difficulties is collection of data, with different stakeholders involved - none more important than the actual occupier. It is now increasingly commonplace to see landlords request data sharing/ metering provisions in leases or side letters. 

However, as Frankie suggests, whilst the conversation around data sharing is becoming easier (as occupiers prioritise ESG too), these provisions are not universally welcomed by occupiers: long term existing leases do not necessarily include these "modern" ESG-related provisions (so requiring occupier cooperation to vary the terms) and data quality from occupiers is likely to be variable. 

With this in mind, and as Frankie notes, is regulatory intervention on data sharing required? There is surely merit in this, as the industry strives to reduce operational carbon in the built environment - occupier "buy in" is absolutely key. And this perhaps chimes with a slight shift in regulatory focus, putting a little more onus on occupiers to work towards a NZC built environment.

As reported back in 2021 on EPCs/ MEES, we first saw a proposed move to shift a little statutory responsibility to occupiers. Could we see something similar on regulation in relation to cooperation on ESG data?