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Green revolution

by David Sanson on Friday, 08 August 2008

The U.S. Green Building Council has established a green building rating system known as the Leadership in Energy and Environmental Design (LEED), which has been adopted worldwide.

It is a third-party certification programme that sets the green build benchmark from design to construction to actual operation.

In brief, LEED comprises a volunteer committee, which determines the environmental soundness of a project. The project is initially categorised, for example: new construction and renovation, schools, shell and core, or home.

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The project is then reviewed, with points being awarded for its implementation of five key areas: site sustainability, water management, energy efficiency, use of materials and resources and indoor environment quality.

The LEED green building certification ranges (in ascending order) from Certified, Silver, Gold to Platinum and the point/certification threshold depends on the project category.

It has been reported that at the end of 2007 there were 16,000 green buildings in the United States alone. Given the worldwide usage of the LEED green building rating system, remarkably only 16 buildings in the world were given Platinum LEED certification.

The sixteenth building to receive this recognition was simultaneously the first Platinum LEED certified building in the Middle East - the Pacific Controls HQ building in Dubai Techno Park, which is a pioneer in the use of solar thermal energy for the supply of air conditioning.

With new, innovative and inspirational world-class buildings and major waterfront community developments, Dubai's effect on the environment is being closely watched around the world.

The UAE Ministry of Environment and Water has previously reported that, due to the depletion of seagrass beds, the greatest threat to the marine environment of the Arabian Gulf is land reclamation. Consequently, Nakheel, a recognised specialist in land reclamation, now encourages us to ‘Think Blue' and actively promotes protection measures.

The UAE is no stranger to the environmental cause. The Federal Environmental Authority was created in 1993, and has since drafted federal environmental protection legislation covering topics such as the handling of hazardous materials and waste; water, soil and air pollution; and wildlife protection. Further, on 26 January 2005, the United Arab Emirates ratified the Kyoto Protocol, becoming a member of the United Nations Framework Convention on Climate Change.

Also, at a local level, the Emirates are adapting to environmental change. Abu Dhabi reportedly plans to pedestrianise parts of the Emirate and reduce traffic by introducing air conditioned bus stops, whilst the launch of the metro system will no doubt boost Dubai's green campaign, as will the trial run of 600 hybrid taxis around the city.

On 3 February 2007, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, unveiled the Dubai Strategic Plan 2015. Land and the environment are included in the Plan's key sectors, and 2008 was heralded as the year that Dubai would become green.

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Ruler of Dubai's decision mandating builders and developers in Dubai to comply with green building standards, was sent by Dubai Municipality to all consultant offices and contracting companies within Dubai.

The Circular tackles five areas: water consumption, energy efficiency, air quality, lighting and motion/sensor devices and, where feasible, applies to all buildings.

However, it is unclear how the Circular will affect non-green buildings built previously, and whether there will be a need for legislative change to allow a transitory phasing in of green building standards.

Although the LEED green building criteria is still used as the green benchmark in the region, the Emirates Green Building Council is working to establish its own rating system on the grounds that such regional criteria would be specific to the culture, climate and conditions of the UAE.

The system is called Estidama (Arabic for "sustainability") and is currently being adopted in Abu Dhabi, although it is hoped that it will be used throughout the UAE in the fullness of time. For now, rather than create its own green standard or use Estidama, Dubai intends to continue to use the LEED certification process.

The UAE's focus is very much green. Climate, water and energy usage, health and the economy are just some areas that can benefit from sound environmental policies.

The green revolution is becoming increasingly important with governments, industry, investors and consumers. Celebrity-endorsed green hotels are reported to be opening in the region. While cycle lanes on Sheikh Zayed Road are unlikely to become de rigueur, there will hopefully be long-term sustainability in the UAE.

David Sanson is Partner, DLA Piper Middle East LLP, with assistance from Jacqueline Latham, Legal Consultant, DLA Piper Middle East LLP.

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