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Construction of "green homes" is a recent trend that's aimed at building homes- from single-family houses to condominiums to apartment complexes- in a way that uses environmentally-friendly materials, reduces the use of energy and water, and improves indoor air quality. The effort has evolved out of two primary concerns: conservation of natural resources and increasing energy costs.

The phrase "green home" typically refers to new home construction, and there are guidelines that need to be followed in order for your home to be "certified green."

Green Home Building Practices

Green homes are built to efficiently use land and energy, conserve water, improve indoor and outdoor air quality, conserve resources, and increase the use of recycled materials. Many of these green building practices are incorporated into building rating systems. The U.S. Green Building Council (USGBC) has created the most widely-used building rating system, which is known as the Leadership in Energy and Environmental Design (LEED). Although LEED originally applied only to new construction of commercial (non-residential) buildings, it recently established guidelines for new residential homes.

LEED uses a points system for specific steps taken in building a home:

• Innovation and design quality
• Location and linkages, that is, the placement of a home on a site that respects the environment and the larger community
• Sustainable site, which focuses on the location of the home and the land uses associated with it
• Water efficiency, focusing on landscaping and irrigation and water-conserving plumbing fixtures
• Energy and atmosphere, which focuses on energy efficiency, particularly on the shell or structure of the home and its heating and cooling systems
• Materials and resources, which encourages the use of recycled materials, locally manufactured environmentally responsible materials, as well as the reduction of construction waste
• Indoor environmental air quality, which focuses on reducing various pollutants within the home
• Awareness and education, that is, teaching the owner how to operate and maintain a "green home"

Based on the points earned in these categories, a home can receive one of four LEED certifications:

• Certified (45-59 points)
• Silver (60-74 points)
• Gold (75-89 points)
• Platinum (90-136 points)

Certification is a two-step process: A "Green Rater" inspects the home, conducts various tests, and makes a report. A "Provider" then reviews the report and either certifies it or denies certification.

Benefits of a Certified Green Home

There are numerous benefits to having a LEED-certified green home, such as:

• The seller can advertise the home as LEED-certified, which can increase marketability and your sales price, because buyers know that the home is energy efficient, which can lead to huge savings in energy costs
• The satisfaction of knowing that you're conserving resources and energy and minimizing your impact on the environment
• Better, healthier living conditions for you and your family
• Through the federal Energy Star program, homeowners and builders are eligible for tax credits for "going green"
• Many state and local governments and businesses offer incentives and rebates on things like property taxes and utility rates for green buildings, including green homes

Potential Legal Issues

Green homes and green building standards are relatively new, and so there's little legal analysis regarding green building disputes. But, there are some things to keep in mind if you're building a green home:

• Contracts by and between contractors and subcontractors should clearly state who is responsible for tracking, collecting, assembling, and submitting the documentation needed for certification
• Architects and other design professionals should be careful that participation in a certification process, such as LEED, does not trigger an exclusion in their professional liability policy, that is, it does not void coverage under the policy
• Check to make sure that green construction procedures, installation materials, or techniques do not void the warranty or guaranty for a product used in the home

Remodeling & Renovations

LEED certification applies to new home construction only. However, there are some guidelines that can help you make green renovations to your existing home, which might make it more appealing to potential buyers because of things energy efficiency. But, there's no certification process for such green renovations.

Questions for Your Attorney

• A seller told me that a house I was buying was certified green, but I found out after the sale that it wasn't certified. Is there anything I can do?
• I'm a developer, and several homes in my new subdivision are already LEED-certified. All of my homes are being built exactly the same. Can I advertise my unfinished homes as LEED-certified? If not, can LEED or USGBC do anything to me, even if I later get the certifications after the homes are completed?
• Is there anything I can do if I don't agree with the certification level I received from LEED?

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