Property law as a barrier to energy upgrades in multi-owned properties: insights from a study of England and Scotland

Abstract

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.

How Does Socio-Technical Lock-In Cause Unsustainable Consumption in Cities? A Framework and Case Study on Mobility in Bangkok

“…For example, building rental or leasing contracts often prevent energy-saving measures. Some contracts can restrict or economically discourage renters from modifying a building's design or material to enhance its energy efficiency (Weatherall et al, 2020). In the workplace, dress codes such as those mandating a suit and tie (Niinimäki, 2010) have been associated with necessitating greater use of air-conditioning and thus higher energy consumption.…”

Financing Prosperity by Dealing with Debt

“…Given the very large bills involved in major works, 'legal disputes between block owners and flat owners are common' (Bright, Weatherall and Willis 2019). The contested nature of leaseholder bills for major works and energy improvement is a recognised barrier to the upgrading of the housing stock (Weatherall, McCarthy and Bright 2018).…”

Chances for the upscaling of living-cost neutral renovations in the Netherlands

“…CAs can still be dormant or non-existent [3]. Ownership legislation could hinder reaching out to CAs [42]. For many CAs changing or establishing a deed of division is still too cumbersome [43].…”