Balcony-PV in Fürstenfeldbruck: Dispute over approval is pussy

Balcony-PV in Fürstenfeldbruck: Dispute over approval is pussy

The use of solar systems on balconies is enjoying growing popularity, but misunderstandings can quickly occur between tenants and landlords. In Fürstenfeldbruck, such a conflict-proof case has occurred that illuminates the rules for balcony PV systems.

72-year-old Nikolaus Laub is the owner of an apartment on Balduin-Helm-Straße. Some time ago he agreed to install a photovoltaic system on the balcony. This approval initially seemed to be a sign of modern thinking in order to promote sustainable energy. But suddenly the property management came into play and demanded the demolition of the system.

Problems with the approval

The property management argues that the assembly of a balcony PV system represents a structural change for which approval is required. Due to the lack of approval of the owner meeting, the solar system was mined. Nikolaus Laub was surprised by this decision because he thought that the Installation was in line with a new law to promote the use of photovoltaics.

leaves had to inform the other owners in the assembly, but the topic was deleted by the agenda because a new law was imminent to make expansion easier. "I felt encouraged when I saw that," explains Laub. "After all, you can already see such solar systems installed at many apartment buildings." But the reality now looks different; The balcony power plant has upset another resident who complains about the glare and shadow formation.

rules and rights for owners' communities

The General Wohnungs- und Baureuhand GmbH (AWB) from Olching, which is responsible for the property management, explains that it is one of the administrative tasks of monitoring compliance with the rules. These regulations are intended to avoid conflicts within the community of owners. In this special case, the tenant complained under the balcony that the view is impaired and the balcony is partially shaded.

According to a spokesman for the AWB, a certificate of attitude must be taken at the owner meeting before assembling a balcony power plant. A new draft law, adopted in July 2024, aims to facilitate the installation of such systems. However, the final decision of the Federal Council is still pending, which means that owners' communities currently have to continue to carefully examine how they deal with the installation.

The chair of "Haus und Grund Bavaria", Ulrike Kirchhoff, points out that an application and the approval of the community of owners remain necessary even after the law has passed. She advises the owners in Fürstenfeldbruck to agree to the tenant's application to avoid future disputes.

For Nikolaus Laub, there is hope for an agreement. He proposed to change the angle of the PV system in order to accommodate the symptoms of the lower tenant. "It would be impractical to dismantle the system now and to reinstall it later," he says. With just a few weeks until the decision of the Federal Council and the next owners' meeting, he hopes for a rapid clarification of the situation.