Owner Responsibilities When Installing Solar Panels in a Body Corporate

September 30, 2024

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Installing solar panels is a great way to reduce energy bills and contribute to a more sustainable future. However, if you live in a body corporate scheme there are certain responsibilities you need to be aware of before going ahead with your solar panel installation.

These responsibilities ensure that your installation complies with the law, while also considering the needs of your neighbours and the community as a whole.

Ensure that Energex and the electricity retailer approve the installation

We are seeing increasing reports of solar installation companies applying for Energex approval after the solar panels have been installed. In several instance, Energex has refused the application due to local area capacity issues, rendering the installation unusable.

The body corporate can only consider applications against the body corporate by-laws. Whether or not Energex will authorise the installation should not be taken for granted. That application must be lodged by the solar installation company before installation and connected to the grid.

We also recommend owners initially contact their electricity service provider. In an embedded network, the electricity service provider must consider additional grid requirements, therefore, lot owners in an embedded electricity network will require this additional green light prior to installation.

The owner may apply for the approvals in any sequence, but it is a body corporate requirement that all approvals are received before the installation can proceed.

Get approval from the body corporate

The next step before installing anything on your roof is to obtain permission from your body corporate. In a scheme divided by building format plan, which is most community title schemes, the roof and external walls are usually common property.

Under a building format plan, most solar panels and the inverters are therefore technically installed on the common property. Any improvement to common property, including the installation of solar panels, needs body corporate approval.

The approval process usually involves submitting a formal application detailing the scope of the work, the type of solar panels, and how they will be installed. Depending on your body corporate’s by-laws, the application may need to be approved by the committee or at a general meeting. Failing to get the necessary approval can result in disputes or even the requirement to remove the panels.

Check out our article on solar panel approvals.

Adhere to building regulations

Your solar panel installation must comply with local building regulations, including any amendments to the Building Act 1975 that apply in Queensland. The act contains rules that limit the reasons a body corporate can reject a solar panel installation – for example, they cannot deny the installation for aesthetic reasons alone, but can if there are legitimate concerns about the structural integrity of the building or if space on the roof is limited.

However, while the Building Act supports solar panel installations, it doesn’t give owners free reign. You are still responsible for ensuring that your installation doesn’t breach any other laws or regulations.

Maintain your solar panels

Once you’ve installed solar panels, their upkeep is your responsibility. Even though they might be located on common property, the body corporate has the right to impose conditions on their approval. This often includes the requirement for you to maintain the panels in good condition and cover any associated costs.

If roof maintenance is needed in the future, you may also be responsible for removing and reinstalling your solar panels at your cost.

Regularly maintaining your panels not only keeps them efficient but also prevents potential disputes with the body corporate over wear and tear or damage to common property.

Consider insurance implications

Installing solar panels may impact the body corporate’s building insurance. If there is an increase to the body corporate’s insurance premiums, you need to pay any additional costs. Do your homework on insurance implications beforehand.

Follow the body corporate by-laws

Each scheme has its own set of by-laws that guide what can and cannot be done with the property. These rules may dictate specific requirements for changing the appearance of your lot or managing common property.

While the body corporate cannot refuse solar panel installations solely on visual grounds, it may impose about how the panels should be positioned or installed to minimise visual impact or ensure safety.

Failing to comply with these by-laws could result in fines, disputes, or the need to modify or remove your installation at your own cost.

Respect easements and neighbouring lots

Your may require access to easements, common property or neighbouring lots to install your solar panels. You must get permission from the body corporate, council or the affected lot owners before using any of these areas for your installation. The installation should not unreasonably interfere with the use and enjoyment of common property or any other properties in the scheme.

Dispute resolution options

If the body corporate refuses your application to install solar panels, you do have options. After making a genuine effort to resolve the issue internally, you can apply for dispute resolution through the Queensland Building and Construction Commission (QBCC). In some cases, independent legal advice may also be helpful to understand your rights and obligations fully.

Source: https://www.publications.qld.gov.au/ckan-publications-attachments-prod/resources/8295722e-b4b3-4f67-8884-af23a59acd02/issue-45-common-ground.pdf?ETag=2a7425681c80c0e32bc0febb71037dc8

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