1) since society has not been formed you need consent from builder for installation of solar system on terrace

2)let objecting members go to court if they have objection

3) however once society is formed you may face problems iif society directs you to remove solar panels from society terrace

4) better society should go in for solar panels

Incase of Maharashtra, it is stated in the co-op housing society bylaws that, the society should allow individual owners to install solar rooftop systems.

This is my response to you:

1. Firstly and more importantly, the roof is a part of the common area of the society;

2. But technically speaking there is no society;

3. There are no bye-laws under which you are not permitted to place solar panels or be denied;

4. Through a conveyance the builder transfers the property to the society, but the same is not done;

5. Therefore the builder has right to sell you the part of the rooftop for solar;

6. Try convincing the interim society to adopt the same;

7. If they do not then send them a legal notice;

8. Consult a local lawyer to understand the law relating to rooftops and its concept better.

1. If your building is not having a OC then this solar panel may become an issue

2. because local body will issue OC only if the construction is as per the sanctioned plans

3. under the sanctioned plans the terrace will obviously form part of common areas

4. when all purchasers come together and form a society - the common areas including the terrace will come under the management of the society

5. so in absence of solar panel reflecting in the sanctioned building plans there may be issues later at time of issue of OC

6. My advice will be to ask the builder to first procure the OC.

7. Once OC is issued, the purchasers can form a society

8. then you will need the NOC of local body and society for installing the solar panel

The common area of any society cannot be used by a person individually for its personal purpose even if you have permission from MSEB and builder you may not be able to put solar panels on the common area for your use.

Hello,

it is right that the permission has to be taken from the residents since all of them have common rights on the rood, since society has not been formed.

Still you may get in touch with some local lawyer of Pune and see if some local laws favors your case.

Regards

Dear Sir,

The rule of law will prevail always whether housing society registered or not. If any individual complaints or obstructs then approach the deputy secretary of co operative department or civil court for necessary stay order against them from interfering in laying Solar installation.

Hi, it is advisable to file a civil suit for permanent injuction in court and obtain a stay order against the individuals restraining them to interfere with the installation process

Sir you can go ahead and install the solar panel as yes the terrace is common though solar panels can be installed in reasonable portion for the conservation of energy further since there is no society they cannot file a case on you as society neither can be sued, you can file a suit ,making them individual parties in the suit the parties who are opposing.

1) Once builder handover building to society than all common area will be property of society, so builder can't grant you such permission.

2) Her in this project you have to give some share free to society for use of electricity on this base they can be ready and wouldn't take any objections.

As you have noc from builder and society is not formed yet you can install solar rooftop system without any issue.

The terrace is part of common area hence it is pertinent to obtain NOC from other members.

You can obtain permission from Municipal corporation besides the builder.

Then the other members may not object.