• Solor rooftop system on aprtment

Dear Sir,
 My Name is amit ashok talele ,currently residing in flat no 34 dhanlaxmi darsharn apartment 
. chandan nagar pune,total member 35 i want to install rooftop solar system on apartment for 5 KV TO 10 KV and for same i have taken NOC from builder. on 19/07/2018 and taken loan of 5 lacs also has permission from MSEB. but other member are opposing for same, they have given written complaint letter to builder. as per there view socitey terrace is common and one can not used for solar system, dhanlaxmi darsharn apartment neither have completion nor society formed. it is runed by 5 volenteers.i shown them maharashtra energy mandal rule book but they are saying law can not be applicable as no society formed. please suggest what step i can take or any good lawyer in pune.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

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

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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