Allotment gardener from Hamm has to dismantle PV modules – law causes trouble!

Allotment gardener from Hamm has to dismantle PV modules – law causes trouble!

Vitaliy Berestyan from Hamm is confronted with an unpleasant dilemma: he has to dismantle a large part of his newly installed photovoltaic system in his allotment. The provisions of the Federal Allotment Garden Act and criticism from the responsible district association are forcing him to take measures that will stall his energy transition. Berestyan had installed 20 solar modules on the roof of his garden plot at Killwinkel without the necessary permission, which now has consequences.

The district association criticizes both the number of panels and the power generated. Berestyan rushed ahead with his expansion plans without any consultation - and retreat is now inevitable. The plan is now to dismantle 13 of the 20 panels. This means he remains dependent on conventional electricity, at least temporarily. The 28 additional modules purchased in a “Plan B”, which have lower performance, will not be installed for the time being.

New home for the modules

Some of the dismantled solar panels will be given to Berestyan's in-laws, while he wants to donate the rest to Ukraine. Together with others, he has already organized relief operations in which photovoltaic modules and medical equipment are also transported. Such a generous act shows how strong he and many others are in the desire for modern and more environmentally friendly energy production.

But Berestyan is not alone in his concerns. Many allotment gardeners in Germany would like to use solar power in order to be less dependent on the public power grid. However, the Federal Allotment Garden Act strictly regulates the use of solar systems in allotment gardens. The allotment gardens must serve the “allotment gardening purpose”, which includes cultivation and recreation. This leaves hardly any room for permanent installations or massive structural changes.

Issues of approval

An important regulation states that mobile or plug-in solar modules are generally permitted as long as they are not permanently installed and the statutes of the respective allotment garden association are observed. Smaller plug-and-play systems under 800 watts generally do not need to be registered if they are not connected to the public network. This gives hope to some garden owners who want to rely on modern and environmentally friendly solutions.

However, the question remains: How can the allotment garden regulations be modernized? Berestyan has repeatedly expressed the desire for adjustments in the past and criticized the largely outdated laws regarding renewable energy. At the same time, yesterday's judgments, such as that of a hardware store, show how important it is to adapt laws to current circumstances in order to create a legally secure framework. For example, a customer who fell over a forklift in a hardware store was not granted any compensation, which points to the courts' attention to traffic safety and visibility MDR reports on this.

The situation is a major nuisance for Berestyan, but he remains optimistic. He plans to continue advocating for change in the renewable energy sector and certainly won't have the final say on the matter. For many allotment gardeners in Germany, his fate could be at the heart of the discussion about the future of energy supply in allotment gardens.