The growth of green building.

• Author: Ziola, Tai
• Position: Feature: Real Estate Law

Even if you're not directly involved in the construction industry, chances are good you've heard in recent years about a renewed interest in more environmentally sustainable buildings. Since the 1990s, there has been new attention given to "green" approaches to design and construction, resulting in over 4000 LEED-registered projects in Canada since 2002--and unfortunately also resulting in a somewhat muddied regulatory environment.

Currently, although Canada's National Energy Code for Buildings (2011) requires a minimum level of energy efficiency for most new buildings on par with leading countries in the world for energy efficiency, the current National Building Code--and consequently, many of Canada's provincial building Codes--does not explicitly require that new buildings comply with this code. As a result, adoption of minimum energy efficiency standards across the country has been uneven.

In response to the variation in minimum energy efficiency standards, a range of third-party assessment tools have been developed over the last two decades in an attempt to verify or standardize the performance measures associated with green buildings. The most well-known, LEED (Leadership in Energy and Environmental Design) is administered by the Canada Green Building Council (CaGBC). It is based on earlier American versions developed by the U.S. Green Building Council, and has had a high level of uptake particularly on commercial and institutional buildings. The rating system is based on a points approach across a number of categories, addressing site sustainability, water use, energy efficiency, material use, and indoor environmental quality. LEED rating systems have also been developed specifically for a number of project types, including new construction, building shell spaces, commercial interiors, homes, and entire neighbourhoods. Other key rating systems have also seen increased engagement in recent years, including:

* Built Green, which has been a popular option for new multi-family and larger-scale residential developments;

* PassivHaus, a German-imported standard focusing on optimal detailing for energy efficiency; and

* Living Building Challenge, a very stringent standard requiring a high level of social equity concurrent with excellent environmental performance.

Many Canadian municipalities, including Edmonton and Calgary, have a requirement for new city-owned buildings to meet the standards for some level of LEED certification under the...