I own an apartment, how can I invest in energy-efficiency measures?

If you own an apartment, you cannot make energy-efficiency investments without consulting anyone. In many cases, you will need permission from the joint owners’ association. This depends on factors such as the part of the building where the work will be carried out. The applicable rules and any other details you need to know are provided in this article.

Although work on private areas of an apartment building can be carried out without permission from the other owners, it’s always best to inform them. That way, they won’t be taken by surprise and you give them the opportunity to express their interest in a joint approach. You should also observe the provisions of the co-ownership regulations and/or the basic deed of co-ownership at all times. Permission is required for any work that affects the communal parts, that could violate the rights of other co-owners or that could impact the aesthetics or harmony of the building.

When permission is required, it is irrelevant that you’re the one paying for the work, that the work only involves your residential unit or that you are the only person using that part of the building. If you nevertheless fail to request permission, the joint owners’ association has the right to demand that you restore everything to its original condition at your own expense. The other owners may also request compensation from you.

The communal parts are listed in the co-ownership regulations or the basic deed of co-ownership. You can request these documents from your trustee. In the absence of a clear description or if the regulations and the basic deed conflict, the parts intended to be used by all or some co-owners are considered to be communal.

If you intend to carry out work subject to permission, you are advised to ask the trustee in writing to place this on the agenda of the general meeting of the joint owners’ association. It will be decided at that meeting whether you will be given permission to carry out the work at your own expense or whether the joint owners’ association will come up with a joint solution.

An effective approach is to propose a joint investment. A joint approach usually brings economies of scale and may benefit the uniform appearance of the building. It also anticipates potential sensitive questions such as ‘what happens if one person gets the right to cover all of the roof with solar panels and someone else later wants to invest in solar panels as well?’

If the joint owners’ association approves the investment, you may need urban development permits to carry out the work, and the relevant provisions of the co-ownership regulations and/or the basic deed of co-ownership must be observed. If you have any work carried out at your own expense, you are responsible for any damage that workers cause to the communal parts.

If major joint investments are to be made, the joint owners’ association should engage an architect or expert to monitor the proper and efficient planning and performance of the work.

The joint owners’ association may also reject your request and/or decide not to make a joint investment, but only if it has valid reasons to do so. While you could turn to the justice of the peace if you do not agree with the decision, this will adversely impact your relationship with the co-owners.