Balcony PV: Landlord and tenant in the dispute over solar system in Bruck

Balcony PV: Landlord and tenant in the dispute over solar system in Bruck

In Fürstenfeldbruck, an interesting conflict is heading for the installation of solar systems on balconies, which focuses not only on the rental problem, but also legal provisions. The 72-year-old owner Nikolaus Laub is concerned about his sustainable initiative, which he actually supported with great joy.

The idea of using renewable energies has come to the fore in recent years. More and more people are installing photovoltaic systems to produce their own electricity and not only relieve the environment, but also to reduce their energy costs. This was also the background when leaves gave his tenant the consent to install a PV system on the balcony. But the reality now looks different because the property management calls for dismantling the system.

The role of property management

The property management, General Wohnungs- und Baureuhand GmbH (AWB) from Olching, assumes that the installation on the balcony is a structural change that requires approval. According to the right of residential property, such structural changes must be decided in an owner meeting. Since there is no corresponding decision, the property management is forced to request the dismantling of the solar system.

According to leaves, he was assumed that everything went properly, since the topic of the balcony PV systems should already be discussed at an owner meeting. But through a new law that is advised in the Bundestag and aims to simplify the expansion of photovoltaic systems, he felt encouraged in his project. "There are so many balcony power plants in the area, and I thought that is not a problem," says Laub.

Another conflict point is the complaint of a neighbor who is partially affected by the PV system in its view. Obviously, not all residents in an apartment building are convinced of the installation of a balcony power plant, which leads to tensions within the owner community.

legal framework and political events

Currently it is that a law that is to simplify the cultivation of balcony power plants into owners' communities still has to be adopted by the Federal Council. This law stipulates that balcony power plants will be considered privileged structural changes. It remains to be seen what effects this has on the conflict between leaves and property management should come into force.

Ulrike Kirchhoff, chair of "Haus und Grund Bavaria", explains that even after approval by the Bundestag, an application and the consent of the owner community are necessary. In her opinion, the community should grant permission to install to prevent conflicts. "As soon as the draft law has been passed, the application could be made again, and without any valid reasons the community must then take up the application in most cases," she explains.

leaves itself hopes that an agreement with the property management will be possible before a final decision will be made. He has already offered to change the angle of the PV system to counter symptoms from below. "I don't want to simply dismantle the system just to then re -assemble it. That would be unfavorable," the landlord expresses his concerns about the effort and impracticability of such a procedure.

The debate about balcony power plants shows how important it is to keep an eye on both legal framework and neighborly relationships when it comes to environmentally friendly innovations in tenancy. This situation could serve as an indicator of future challenges when it comes to reconciling the transition to renewable energies in urban environments with the interests of everyone involved.