Energy fitting in Multi- occupancy Buildings – the Anglo-Saxon Perspective Nicholas Kissen Trainrebuild Conference Paris 28 th September 2012
Law for blocks of flats Nature of a lease Contract for term of years Freeholder/leaseholder relationship Tripartite lease Management company party to lease which may comprise leaseholders Regime of consents/consultation Works to building Section 20 Landlord and Tenant Act 1985(as amended) Works to individual flat Consent of landlord may be needed Landlord and Tenant Act 1927 Section 19(2)
Energy Act 2011 Timetable for Green Deal Commences on 1 st October 2012 Finance packages not available until April 2013 Green Deal finance available for domestic and non- domestic premises from April 2013 Work undertaken by the Department of Energy and Climate Change
What is the Green Deal? Encourage energy efficiency improvements paid for by savings from energy bills Green Deal finance to undertake improvements e.g. cavity wall, roof insulation, condenser boilers Repayments attach on to energy bill for the property Importance of Golden Rule Instalment payments for the measures must not exceed the potential associated savings based on average bill for length of Green Deal Change of occupier obligation passes on to new bill payer
Consent framework for Green Deal Consent to charge placed on energy bill; and Consent to the energy efficiency improvement But who from? Freeholder Leaseholder Tenants Bill payers Local authority-planning/building regulations