Guidance For Those In Flats
Making energy efficiency improvements in blocks of flats
If you live in a flat / apartment, there are a number of different people or companies who might need to be involved in any changes you want to make to your home. The following guidance is for owners, renters, freeholders and management committee members in blocks of flats who are thinking about energy efficiency improvements.
Blocks of flats in England & Wales are owned by a freeholder who have overall responsibility for the building & communal areas, while individual private flats are owned by leaseholders. In many cases, blocks of flats are managed by a property management company or a residents' management committee on behalf of the freeholder.
The Key Principle
If you are thinking about energy improvements in a flat or across a block of flats. carefully read the lease for each flat concerned. Leases make up the local law for your block of flats & can vary between flats that are in the same building. Leases determine what parts of the building belong to individual flats & what to the freeholder, & what permission flat owners need to get from freeholders before they make different improvements.
If you're thinking about making energy improvements to your flat, block of flats, what you can do varies, depending on your status:
- Social Housing Tenant - you can usually install energy efficient light bulbs (but check your tenancy agreement) & obviously upgrade any of your own home appliances, such as your TV, to a more efficient model. If you want fixed improvements, such as insulation, windows, solar panels or a more efficient heating system, you will have to ask your social housing provider. Try & get other residents in your building on board & engage with the housing provider's sustainability & asset management teams.
- Private Tenant - If you're a private renter you can usually make changes to the light bulbs (but check your tenancy agreement) & of course, upgrade any of your own appliances to a more efficient model. Generally, if you want fixed improvements such as insulation, windows, solar panels or more efficient heating system, you will have to ask your landlord, and bear in mind, they usually need to seek permission from the freeholder of the block. However, if you are willing to pay for the energy efficiency improvement yourself, you do have some additional rights under the 2011 Energy Act.
- Flat Owner - If you own a flat, either as an owner / occupier or private landlord, your ability to make different improvements inside your flat will depend on the terms of your lease. You must check the terms: leases can vary even within the same building. The lease will determine what belongs to you, e.g. you might own the glass inside your window frame, and determine whether, for example, you can make structural improvements inside your flat. Usually there is a need to seek your freeholder's consent for most improvements inside the flat that you may have to pay an administrative fee for the freeholder to give their permission. If you are a private landlord who owns the flat, you have additional rights to make energy efficiency improvements under the 2011 Energy Act.
- Management Committees, Building Management Companies & Freeholders - If you are involved in managing a block of flays on behalf of the freeholder (e.g. as a residents' management committee) you are in a great position to make energy efficiency upgrades. You might think, for example, about changing windows, or installing wall insulation & loft insulation across the block of flats. You will need to review the leases for all the flats in the building. Unfortunately, leases can pose difficulties: if leases do not allow you to share the costs of improvements (often leases allow for the costs of building repairs and maintenance to be shared, but not improvements), you will, at least, need the agreement of all the flat owners as to how you are going to allocate costs and you may need to reach an agreement to revise lease terms. In either case, you will need to consult a solicitor. The tenants Energy Efficiency Improvement Regulations make it easier for owners & tenants of private or rented flats to make energy efficiency improvements. Neither landlords nor freeholders can unreasonably withhold consent to energy efficiency improvements inside flats where these are allowable under leases. If you are a tenant & are willing to pay for energy improvements such as more efficient storage heaters, your landlord may have to let you do so, & the freeholder similarly may have to agree to the works proceeding. However, tenants don't normally pay for home improvements in the UK, & a more normal situation is where the landlord of the private rented flat wants to make & pay for improvements: in these cases the Tenancy Energy Efficiency Improvement Regulations can help the landlord in their negotiations with the freeholder.
This is a complicated area & you are strongly recommended to carefully consult the regulations & seek legal advice. In strict legal terms a freeholder is a long term landlord, & a leaseholder is a long term tenant. In this guidance, for the avoidance of doubt, we use the term "landlord" to mean a person or organisation renting out the flat on a short term tenancy, & a "tenant" to mean a short term tenant.
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