DescriptionThe Dutch Klimaatplan 2021-2030 proposes the key role in the energy transition process for a ‘wide range of attractive, accessible and responsible financing options’; but no concrete instruments are mentioned. This should offer all home owners a perspective for action to get started with making their own home future proof. There are several proposals made to finance the improvements, first of all a loan connected to the house and not to the owner, the ‘gebouwgebonden financiering’. Secondly a transfer from real property in freehold into a leasehold (art. 5:85 BW) could be used to raise funds. The full ownership is given up and the bare ownership ‘bloot eigendom’ part is sold to the local municipality, in exchange the house owner receives an amount of money to invest in sustainable innovations. Also the Energy Service Company approach is discussed. These three concepts have private law issues making these options less feasible. Here we are in a dead end row, when lawyers start finding impossibilities to come forward, blockades that are sound in their legal argumentation, maybe comparative law can be usefull.
|Period||13 Nov 2020|
|Event title||Green Finance and Law|
|Degree of Recognition||International|