Is the law of ownership a barrier to energy upgrades in apartment blocks? Co-owners in multiowned properties face challenges in reaching agreement to implement energy efficiency measures that owners of single family residences do not encounter. At the European level, this difficulty is recognised in Article 19 of the 2012 Energy Efficiency Directive, by which governments are obliged to address barriers to improvements which arise in the specific context of multi-owner properties. Despite this, the position of apartment owners remains mostly invisible in the policy discourse. The small quantity of literature examining the difficulties of group decision making around energy efficiency in apartments has so far focused on mapping the issues. This paper begins the process of 'colouring in' the existing outlines by providing an indepth delineation of the governance barriers to energy upgrades presented by the law of ownership and management in two European jurisdictions: England and Scotland. A doctrinal analysis is employed to ascertain the relevant legal issues and identify how property law constitutes a barrier to energy upgrades within the framework of existing behavioural models. A theoretical inquiry is then used to suggest that reconceptualising property law in the context of multi-owner properties to focus on collective responsibilities rather than individual rights may help to minimise this effect of the law. The paper concludes with recommendations for further research to identify the range of issues property law presents across EU member states. This data is needed to fully test the reconceptualisation hypothesis presented here.
The realisation of many human rights is impossible without land. A cursory glance at Scotland's international human rights obligations, which include protections in respect of health, housing, employment and property itself, makes clear that careful management of this critical and limited resource will be essential for fulfilment of these obligations to the greatest extent possible. The centrality of this relationship is recognised in Scotland's first Land Rights and Responsibilities Statement (LRRS), which sets out in its opening paragraph that:The overall framework of land rights, responsibilities and public policies should promote, fulfil and respect relevant human rights in relation to land, contribute to public interest and wellbeing, and balance public and private interests. The framework should support sustainable economic development, protect and enhance the environment, help achieve social justice and build a fairer society. 1 Appendix A to the LRRS clarifies the legal instruments in which 'relevant' human rights are identified, including international, European and domestic sources. 2 The LRRS's Advisory Notes and case studies provide examples of what a 'human rights approach'in other words, an approach which actualises rights across the spectrum to the greatest extent possibleto
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