Positive Obligations to Retrofit Buildings with Third-Party Effect under Private Law as an Instrument of Public Climate Policy

Abstract 310 When incentives fail to encourage enough owners to make their buildings climate-proof, the State has to impose obligations to retrofit buildings if climate targets are to be reached. This contribution examines whether the State can employ obligations based upon agreement with third-party effect, to enforce higher energy-efficiency standards for buildings and an improved energy mix. It presents and compares the responses to two cases from eleven European jurisdictions. It shows that the majority of examined jurisdictions will allow for the State to impose positive obligations with third-party effect through a burden registered in favour of the State or a property right for the buyer. Only Dutch law would be likely to invalidate the obligation because the obligation circumvents public-law safeguards. A minority of the examined jurisdictions would not allow for a burden with positive obligations as its main content. 311

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Publication Details

Journal
European Property Law Journal
Published
2024-12-01
DOI
https://doi.org/10.1515/eplj-2024-0016
Primary Topic
Environmental Policies and Emissions
Type
article
Field-Weighted Citation Impact
0.00

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article

Positive Obligations to Retrofit Buildings with Third-Party Effect under Private Law as an Instrument of Public Climate Policy

Johan Van de Voorde, Sabrina Praduroux, Elisabeth Ahlinder, Víðir Smári Petersen et al.
European Property Law Journal
Environmental Policies and Emissions
article

Positive Obligations to Retrofit Buildings with Third-Party Effect under Private Law as an Instrument of Public Climate Policy

Johan Van de Voorde, Sabrina Praduroux, Elisabeth Ahlinder, Víðir Smári Petersen, Flora Vern, Christine Godt, Björn Hoops, Jacco Karens, Rachael Walsh, Rosa Maria Garcia Teruel, Jean-François Joye, Héctor Simón Moreno, Jakub Bryła, Bonnie Holligan, Anaïs Morin Guerry, Franciszek Zowczak, Tomasz Janocha
article en

Abstract

Abstract 310 When incentives fail to encourage enough owners to make their buildings climate-proof, the State has to impose obligations to retrofit buildings if climate targets are to be reached. This contribution examines whether the State can employ obligations based upon agreement with third-party effect, to enforce higher energy-efficiency standards for buildings and an improved energy mix. It presents and compares the responses to two cases from eleven European jurisdictions. It shows that the majority of examined jurisdictions will allow for the State to impose positive obligations with third-party effect through a burden registered in favour of the State or a property right for the buyer. Only Dutch law would be likely to invalidate the obligation because the obligation circumvents public-law safeguards. A minority of the examined jurisdictions would not allow for a burden with positive obligations as its main content. 311

European Property Law JournalVol. 13(3)
Carl von Ossietzky Universität Oldenburg (DE), Université de Pau et des Pays de l'Adour (FR), University of Antwerp (BE), Stockholm University (SE), University of Sussex (GB), University of Iceland (IS), University of Groningen (NL), Trinity College Dublin (IE), University of Turin (IT), Universitat Rovira i Virgili (ES), Université Savoie Mont Blanc (FR), Universitat de Barcelona (ES), University of Glasgow (GB), University of Silesia in Katowice (PL)
Rijksuniversiteit Groningen
Openalex Percentile: Top 86%
Environmental Policies and Emissions
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