- Do EPCs need to be provided on sales and lettings and if so, are there any statutory minimum requirements?
- Is there any legislation requiring new or existing buildings to satisfy ESG requirements?
- How widespread are green lease provisions? Are they regulated or market driven? What areas do green leases commonly cover? Do they apply to both residential and commercial leases?
- What do institutional investors and banks/other financing institutions require in terms of the green lease drafting? Is there any market standard approach to green lease drafting? Do you report on the lack of any green lease provisions in your due diligence reports on an acquisition or refinancing?
- How are green lease provisions enforced?
- How widespread is the certification of buildings (e.g. LEED, BREEAM, NABERS, WELL etc.)? Are they regulated or market driven? How is this documented between the Landlord and Tenant?
- Are there any additional regulatory requirements that need to be met or contractual provisions that need to be considered regarding the installation of alternative energy supply systems (e.g. rooftop photovoltaic systems)?
- Are there any regulations relating to soil artificialisation or other biodiversity concerns which impact on new builds and/or refurbishments? How are they enforced?
jurisdiction
1. Do EPCs need to be provided on sales and lettings and if so, are there any statutory minimum requirements?
No, in Ukraine, there are no statutory requirements to provide EPCs on sales or lettings of real property.
2. Is there any legislation requiring new or existing buildings to satisfy ESG requirements?
No, although there are energy efficiency requirements for state and municipal buildings, they are not fully aligned with ESG standards and do not extend to privately owned commercial properties.
3. How widespread are green lease provisions? Are they regulated or market driven? What areas do green leases commonly cover? Do they apply to both residential and commercial leases?
Green lease provisions are not widespread, but leading players primarily in commercial real estate are gradually integrating such practices into lease agreements. These provisions might include restrictions on tenant electricity consumption or the landlord’s obligation to obtain an energy performance certificate for the building the tenant is leasing premises.
4. What do institutional investors and banks/other financing institutions require in terms of the green lease drafting? Is there any market standard approach to green lease drafting? Do you report on the lack of any green lease provisions in your due diligence reports on an acquisition or refinancing?
There is no established practice that institutional investors and banks/other financing institutions require green lease drafting, so the cases where banks require such drafting are rather exclusions from general practices. In addition, the lack of green lease provisions is not reflected in our due diligence reports on an acquisition or refinancing.
5. How are green lease provisions enforced?
Due to the absence of requirements, there are no established mechanisms for enforcing green lease provisions.
6. How widespread is the certification of buildings (e.g. LEED, BREEAM, NABERS, WELL etc.)? Are they regulated or market driven? How is this documented between the Landlord and Tenant?
Certification of buildings located in Ukraine is not widespread, however, it is driven by market demand. Landlords of top-tier business centres often pursue LEED and BREEAM certification, with shopping malls and residential complexes less frequently certified.
7. Are there any additional regulatory requirements that need to be met or contractual provisions that need to be considered regarding the installation of alternative energy supply systems (e.g. rooftop photovoltaic systems)?
There are no statutory or contractual requirements specific to the installation of alternative energy systems.
8. Are there any regulations relating to soil artificialisation or other biodiversity concerns which impact on new builds and/or refurbishments? How are they enforced?
There are no distinct regulations addressing soil artificialisation or other biodiversity concerns.
