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Energy fitting in Multi-occupancy Buildings – the Anglo-Saxon Perspective

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

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Energy fitting in Multi-occupancy Buildings – the Anglo-Saxon Perspective

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  1. Energy fitting in Multi-occupancy Buildings – the Anglo-Saxon Perspective Nicholas Kissen Trainrebuild Conference Paris 28th September 2012

  2. 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)

  3. Energy Act 2011 Timetable for Green Deal • Commences on 1st 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

  4. 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

  5. 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

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