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Co-owned green energy: solar panels and charging stations in apartment buildings

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Stefanie Claeys
Lawyer
NOMA blog groene energie zonnepanelen laadpalen appartementsgebouwen
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Renewable energy is the future, and that means solar panels and charging stations are increasingly popping up in the co-ownership landscape. While the benefits are diverse, installation in apartment buildings often raises legal questions. What does the law say? And how can co-owners reach a balanced solution that is also legally conclusive? Attorney Stefanie Claeys explains the legislative framework and clarifies the potential pitfalls and opportunities for co-owners.

Enforced
co-ownership
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Solar energy and charging infrastructure in apartments: unilateral amendment right with exception

Apartment law, as defined in the Civil Code, involves forced co-ownership. This means that the association of co-owners (VME) usually decides on the common parts, such as the roof or garage. Since the legislative amendment of June 18, 2018, Article 3.82 of the Civil Code states that each co-owner has the right to lay cables, pipes and associated infrastructure on common parts, such as plug sockets and cable ducts. This is called the unilateral amendment right.

While charging stations do fall under this unilateral amendment right, this is not the case for solar panels. The legislature ruled that the installation of these PV panels has significant financial and technical implications that require VME approval.

Co-owned solar panels: the legal options explained

At the level of the legal framework of solar panels, the applicable regulations depend on their individual or collective nature. Stefanie explains the distinction.

1. Individual solar panels: three different regimes

When an individual owner wants to install solar panels on a common area, such as the roof, approval of the general meeting with a qualified majority is required. In this case, three legal regimes for ownership and use apply:

Superficies | This gives the owner a right in rem over the PV panels for up to 99 years. The building right is negotiable, meaning that the solar panels can be transferred with the sale of the apartment. This arrangement requires a four-fifths majority, as well as a notarial deed, which incurs the necessary costs.

Easement | In this case, the owner receives an exclusive right of use over a certain portion of the roof. However, this right is not negotiable and remains attached to the apartment. Again, a four-fifths majority is required and the right of use must be anchored in the statute.

Lease right | The VME can lease the roof or part of it to the owner for the installation of solar panels. For leases shorter than nine years, a simple majority is sufficient, but longer terms again require a four-fifths majority.
 

2. Collective solar panels: invest together, share together

In addition to individual installations, the VME can also opt for collective solar panels. In this case, a two-thirds majority is required for the decision and the PV panels become the property of the VME. The generated energy is first used for the common parts, the excess energy can be distributed among the co-owners since the law around energy sharing in 2022, provided they have a digital meter. What is then left over can be sold on behalf of the VME.

The cost is borne
by the owner
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The ground rules around charging stations in apartments

Individual charging points

Thanks to the unilateral amendment right of Article 3.82 of the Civil Code, an owner can install a charging station on the common parts without the approval of the VME, provided it does not impose any financial burden on the other co-owners. The costs? Those are borne entirely by the owner, both for installation and maintenance.

Did you know ...
As an owner, you must give at least two months' notice to the syndicate or other co-owners that you wish to install a charging point. The VME can oppose, but only on the basis of a legitimate interest, such as planned collective works or building damage.

Collective charging stations

With collective charging stations, the VME takes the initiative and decides by a two-thirds majority. In addition to the advantage of shared costs and efficient management, this collective solution guarantees a forward-looking, sustainable approach, good for optimal utilization of the building's charging capacity.

Co-owned energy projects: diligence and communication are key

Installing solar panels and charging stations in a co-ownership is more than just a technical issue. It requires transparent consultation between all stakeholders and a solid legal approach. From a thorough check-up of the basic deed to a careful analysis of the rules of co-ownership and any precarious rights, such as leases and easements.

About
Stefanie Claeys

Stefanie Claeys began her career in notarial practice, where she gained extensive experience in real estate and contract law. In 2021, she made the switch to the legal profession and has since strengthened the team of Marlex, now NOMA. Known for her direct and pragmatic approach, Stefanie focuses on contract and construction law, with a strong focus on negotiating conclusive agreements. With her broad expertise in tax, litigation and real estate, Stefanie provides effective solutions to complex legal challenges.

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