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LEGALLY SPEAKING:
Green Building Codes Around the Globe.
By Matthew J. DeVries
No doubt you have heard about LEED ®, Green Globes and Energy Star green
standards in the United States. There are also state and regional standards such
as California’s CALGreen Code and Green Built™ Texas. Recently, the American
Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the
U.S. Green Building Council (USGBC) and the Illuminating Engineering Society (IES)
joined efforts to develop and release the International Green Construction Code
(IGCC). The IGCC was developed to apply to traditional and high-performance
buildings that are consistent and coordinated with the international family of
codes and standards. The IGCC is applicable to the construction of buildings,
structures and systems, including alterations and additions.
From a design and construction perspective, public and private owners rely
heavily on cost estimates prepared by the design team. When you are dealing with
a sustainable project, the applicable building code or standard becomes
paramount to the underlying cost, baseline schedule and allocation of risk to
the appropriate party. If you are working on an international project, you will
need to research and apply the right standards. Although this list is not
exhaustive, below are some of the top green building codes and standards around
the globe.
Australia and New Zealand
In both Australia and New Zealand, Green Star has rating tools for the
following types of buildings: education, healthcare, industrial, multi-unit
residential, office, office interiors, retail centre, office design, and
office-as-built. Green Star has pilot rating tools for convention centre design,
public buildings, and custom buildings (i.e., those that do not fall into any of
the other categories). In addition, the National Australian Built Environment
Rating System (NABERS) is a system that “measures an existing building’s
environmental performance during operation” in categories including water,
waste, energy, and indoor environment. NABERS provides ratings for office
buildings, office tenancy, hotels, shopping centres, and homes.
Canada
Canada’s Green Building Council implements the LEED program, which provides
rating systems for new construction, core and shell, commercial interiors,
existing buildings, homes, and neighborhoods. Green Globes is derived from the
Building Research Establishment’s Environmental Assessment Method (“BREEAM”)
and, in Canada, is operated by the Building Owners and Managers Association of
Canada (in the US, The Green Building Initiative operates Green Globes). Rating
systems include new buildings & retrofits, office buildings, multi-residential,
and light industrial.
China
There is no official website for the Three Star System, but the “China Green
Buildings Blog” (http://chinagreenbuildings.blogspot.com)
has a good overview of this voluntary rating system which applies to large
commercial and residential buildings. Ratings are based on the following
categories: land savings and outdoor environment, energy savings, water savings,
material savings, indoor environmental quality, and operations management. One
notable component: ratings are only awarded after one year of operation.
France
Haute Qualitie Environnementale (HQE) is a voluntary certification system for
the following buildings: commercial centers, hotels, schools, houses,
residential, offices, in use, healthcare, sports, and occupational. 14
operational targets are arranged in 4 “families”: eco-construction,
eco-management, comfort, and health. Pursuant to a recent memorandum of
understanding, HQE’s certifying organization (Certivea) will also provide the
BREEAM program (used in the UK) as an optional complement to the HQE system.
Germany
The German Green Building Council provides a certification system for new office
and administration buildings, new retail buildings, new industrial buildings,
new educational buildings, modernized office and administration buildings, new
residential buildings, new hotels, city districts, and existing office and
administrative buildings. DGNB is also developing rating systems for several
other types of buildings, including new hospitals, new laboratory buildings, and
new parking structures. Rating system criteria are ecological quality, economic
quality, socio-cultural and functional quality, technical quality, process
quality, and site quality.
Hong Kong
Beam Plus is a voluntary rating system that applies to both new and existing
buildings. The relevant credit categories are site aspects, material aspects,
energy use, water use, indoor environmental quality, and innovation and
additions.
India
India Green Building Council (IGBC) provides several different rating systems.
LEED India evaluates sustainable site development, water savings, energy
efficiency, materials selection, and indoor environmental quality for both new
construction and core and shell. IGBC also provides a Green Homes rating system
for individual homes, high rise residential apartments, gated communities, row
houses, and retrofit of existing residential buildings; a Green Townships rating
system for large developments and townships; and a Green Factory Building rating
system. Green Townships and Green Factory Buildings appear to still be in the
pilot stage.
Japan
CASBEE is a system that evaluates a project from pre-design through
post-construction operation and life cycle. It consists of four general
assessment tools: pre-design (which is still in development), new construction,
existing building, and renovation. Separate tools evaluate Temporary
Construction, such as expo pavilions, and Home (Detached Houses). Some Japanese
cities, such as Nagoya and Osaka, have adopted their own CASBEE scoring
guidelines.
Malaysia
Green Building Index (GBI) applies to both nonresidential and residential
buildings. The GBI rating evaluates energy efficiency, indoor environmental
quality, sustainable site planning & management, material and resources, water
efficiency, and innovation.
Portugal
LiderA applies to buildings, outdoor areas, public spaces, blocks, and
neighborhoods. Projects are evaluated on the following criteria: site and
integration, resources, environmental loadings, environmental comfort,
socioeconomic experience, and sustainable use. The six different ratings are
called “classes” and are based on improvement on baseline performance (from
12.5% to 90% improvement).
United Arab Emirates
Estidama Pearl evaluates communities, buildings (specific requirements apply to
offices, schools, retail, multi-residential and mixed use), and villas. An
Executive Council order issued May 2010 requires all new development to meet at
least level 1 of these standards (government-funded buildings must meet level
2). Evaluation categories include integrated development process, natural
systems, livable communities/buildings/villas, precious water, resourceful
energy, stewarding materials, and innovating practice.
United Kingdom
Code for Sustainable Homes applies to new homes in England, Northern Ireland,
and Wales, but it is a voluntary program. It measures energy/carbon dioxide,
water, materials, surfacewater runoff (flooding and flood prevention), waste,
pollution, health & well-being, management, and ecology.
BREEAM measures the following types of buildings in the UK: courts, new housing
(in accordance with the Code for Sustainable Homes), refurbished housing,
healthcare, industrial, multi-residential, prisons, offices, retail, education,
committees, and other buildings not included in the referenced categories.
BREEAM also has international schemes for Europe and the Middle East.
 Matt
is a member of the Construction Service Group of Stites & Harbison, PLLC, and is
a LEED® Accredited Professional. Matt lives in Nashville and is the founder of
www.bestpracticesconstructionlaw.com. You can reach the author at
mdevries@stites.com.
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