• Can I fit solar water heater for personal use on society's terrace

Hi Sir/Madam, Firstly accept my warm greetings.
I'm planning to fit the solar water heater for my personal use as I'm leaving in terrace flat so in this case I wish to use the society's terrace to install solar panel, Panels can occupy approx 6x8 feet. So can I take the benefit of it? Or is there any legal issues.
Do you have any tacts to resolve this? Thanks in advance. I appreciate your solution/reply

Thanks,
Mithun
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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15 Answers

Sir first request permission from the society to install the solar water heater on the roof as this is part of the common area the permission from the society is required society shall give you such permission then you can install the solar heater on the roof. 

The amendment in model bye laws, the bye law 170 make it obligatory for society to provide space for installing solar panels as this step is towards conservation of the energy. 

 

Bye Law No 170. Temporary use of the Terrace/Open Space by any Member 

Notwithstanding the provisions under the bye-law no. 168, the Committee may allow temporary use of the terrace or available open space of the Society's building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society as the meeting of the General Body of the Society may decide. The committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting any Member /Members want to install a solar energy water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability.

The said systems may include

i

Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,

ii

Solar Panels, battery, inverter charging controller, cabling etc. for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premises.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No you cannot. Terrace is common area, not for any member's personal use

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You need society permission to install solar panels on society terrace 

 

if society refuses you cannot install solar panel on society terrace 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Dear Client, 

Committee NOC will be needed as terrace comes under common area. In case noc refused, can approch coperative society court.

But first try to install , if any objection than proceed accordingly. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can fit the same after filing an application to the society.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1) If your flat has attached terrace that you can use it and not society's terrace as you have to take permission from society.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is my response to you:

1. You will need to first obtain NOC of the society through AGM;

2. Terrace is common area of the building hence you need permission or NOC;

3. If the society agrees then only do so otherwise you can send them a legal notice if they forbid you arbitrarily;

4. Consult a local lawyer and then take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. First refer to the bye laws of the society as regards the usage of rooftop.

2. In most cases the roof is common space wherein no flat owner can use for his personal purpose. So installation of solar panel for your personal use is unlikely to be allowed.

3 In that context you need permission of society to install solar panel for your personal use in default of which you can not install such fixtures unless the court grants such permission.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. You can certainly fit the Solar Water Heater system on your private terrace, PROVIDED you take proper permission from the Society & the local Civic authorities.

2. Typically such issues CANNOT be refused by the Society or the Civic authorities.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As per law, Terrace belongs to all owners UDS. But in view of Green revolution, Society can allow the members to install solar panel heaters without hindrance to other owners. It is purely Society's discretion 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

  1. As per the information mentioned in the present query, makes it clear that the idea is very environmental friendly, but only for only personal use.
  2. You may have to look for the agreement which yoI may have entered at the time of taking the flat.
  3. It must talk about the rights over the roof for any personal use.
  4. Once you cm give the language of any such condition then only I may be able to advice you more precisely to deal with the issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

permission from the society is required for installing Solar panel. if society refuses to install then you cannot on  terrace .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

If you have right use the terrace for the personal use then of course you can do it but in case the terrace belongs to a common area then it cannot be used and it will be termed as encroachment and the society will have to remove the encroachment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

It is better to take permission of the Society to install solar heater for personal use.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You may obtain permission of the society in this regard and install the plant in the terrace because terrace is the common area coming under the association

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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