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Institutional investigation of contemporary aspects of energy efficiency in buildings : The case of green leases

Kalaitzantonaki Stavroula

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Summary

Energy efficiency, as a contemporary political, environmental and economic requirement, has become a key issue of European Environmental Policy. It is connected with the strengthening of the position of the European Union in the International scene as well as protecting the environment and future generations (in the legal context) in the frame of sustainability principle. In parallel, it is a stepping stone to overcome economic recession. Moreover, buildings which are major “energy consumers” play a significant role in mitigation energy consumption.Modern scientific and technological achievements influence, catalytically, in the field of both technical and constructed characteristics providing them with various features and high performance, not only in the field of energy consumption and environmental impact, but also in the field of design, functionality and maintenance. The new constructions are consistent with the sustainability principle. In the above category are included “High Performance Buildings” and “Green Buildings”. Also, there exist “High Energy Performance Buildings” and the “nearly Zero Energy Buildings”, which are related with the high level of energy efficiency.As the above constructions become more widespread, due to the European Union legislation, they are expected to set new challenges in the Greek legislation and in the leasing field, specifically. Particularly, a rise in Green Leases is expected, which is not yet recognized as a separate category of leases. However, new data should be created for citizens (owners and tenants), legislative body as well as judicial practice.The absence of a specific legal framework is the main issue of this research which is examining the object and the implementation field of green leases and if the current legal framework, both at European and national level, is sufficient to achieve the legal aspects of green leases. It focuses on European Directives on energy efficiency and harmonizes them with the Greek law, the Greek Constitution (arts. 24 & Art 2 & 5), the Greek Civil Code (CC), and the ordinary legislation. The existence or absence of motives (financial or tax related particularly) and the financial tools for the drafting of Green leases as well as their impact in the successful and effective implementation of the legislation, is investigated.

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