• Society objecting solar panel installation of resident

Dear Sir,
I would like to install a 5 kW solar panels on our five story building having 15 flats. I am not allowed to do the same by few residents. How can I proceed to resolve the issue.

Thanks
Subrahmanyam
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

25 Answers

You need society permission for installation of solar panels on terrace 

 

resolution has to be passed in AGM of society 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You have to explain the benefit of the solar panels and request society secretary, chairman and treasure and body.

Now you can give them a written letter to the chairman and secretary. if still they don't listen to you than same apply to sub register of co-op housing society of your area or ward.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Terrace forms part of common area for benefit of all members 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You would require the sanction of your local electricity utility to get permission for installing a net metering system. Once you will have permission, you can take support of polcie or court direction to install solar penal.

Against any harm or risk, residents have right to object installation. If no risk involve than can install it on limited portion of roof.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- A common terrace is a public space that is accessible to everyone living in the society and the responsibility of its maintenance is shared by all the residents. 

-  A developer does not have the legal right to sell an area which is shared by all members of the housing society, and any flat owner cannot claim ownership of the terrace and deter other owners from using the same. 

- Further , no construction works can be carried out on the terrace without the consent of all co-owners of the building.

- No Flat owner can put up a permanent structure on a common property or put the common property for any exclusive use.

- As per law, all open spaces in a building, including the terrace is a common easement for the benefit of all the members who are entitled to enjoy the same as shown in the Municipal Corporation records. 

- Further, as per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

-  Since, a terrace is a common area of a residential society which is for the enjoyment and benefit of all its members, hence a society should frame the rules for the benefit and enjoyment of apartments owners. 

- Hence if the said installation of solar panels are for the benefit of majority of owners, then the society or other resident cannot oppose for the same.

- You should give a written complaint dully signed by other members , to the secretary of the housing society for approval.

- If refuse , then file a complaint before Registrar .

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. Terrace is classified as "Common Open Space" for ONLY temporary usage by building residents, under the regional town planning act.

2. By virtue of the above, one single member CANNOT permanently install his own private Solar system on a common terrace.

3. However, with the overall consent of the building residents /members, Society can install Solar system on terrace, BUT ONLY AFTER taking permission from local Municipal dept.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The rights have a mention in the BBA or in the society bye laws.

Is it a registered society? 

Do you have a MC?

 

Regards  

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You need to do same by approval of the resident welfare association or society. After there written approval only you can install it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See for common terrace use you have right to access it to install solar panels above you need societies permission and cannot.force them for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

Unless it has any harmful effect, they cannot prevent you. Take help of local police in case they threaten you or mishandle you.

Regards 

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

A terrace is belonging to no one exclusively or belong to every flat owner in equal share. 

It's tk be seen if installation of solar panel would make the terrace unfit or inaccessible to others for common purposes. If the answer is negative then raise this dispute with Registrar of Society and then to high court if need be. 

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

Dear sir, 

You can install the solar panels on the common area by getting the consent of all the residents of the apartment who use the common terrace area. Just write a formal meeting memorandum and below that get the signature of the residents of the apartment. IF there is society management, then submit the application and you can install it. 

If few residents are nit allowing you, ask the reason for their disagreement and record it on paper with their signature. If the majority lies in your favour you can install it. 

 

Dont forget to rate positively. 

 

Regards, 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

What do the apartment byelaws and rules  say?? If the common terrace cannot be used for any exclusive activity then you may not use it.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Common terrace can used by anyone and it cannot be used by a single individual for his own objectives unless all of them participate.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. You cannot install it unless the majority of residents agree to it. It cannot be installed by a member alone. The terrace of the building is a common area, hence you inevitably require the consent of other flat owners.

2. Ask the society to call a general meeting of all members and elicit their support.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First of all go through the bylaws of the society under which these flats have been constructed. 

These bylaws can be obtained from the office of registrar cooperative Societies. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

They can't legally stop you. File a complaint with dy registrar of co-operative societies and seek directions against the society. Govt nowadays is promoting the same

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

Apart from many solutions, you may write to ministry of energy for interference and get the panel installed.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You obtain permission from the society in writing. 

If society is refusing to grant permission then you can raise the issue in the next meeting of the society try to pass a resolution in this regard permitting members to install the solar panel without disturbing other members. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The terrace is a common area. 

The common areas come under the control of society. 

No individual member can claim a right over it.

However the society can permit the member requesting permission for this. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

terrace is common to use by all members. You please check up with Chairman of Society and take proper permission from him to install the same.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members.A community hall, a play area, a garden, a stairway, a terrace and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to obtain permission from Society & occupants for installation of solar panel.

You can call for meeting and a  resolution has to be passed in the EGM / AGM with regard to installation of solar panel.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Terrace is common area and meant for use and enjoyment of all the occupants.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You should make application with managing committee of society and take their permission.

2. If they refuse to give permission then raise the issue in next AGM and try to take majority votes in your favour so that you can use the common are for installation of solar panels. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer