Installation of individual solar system

Rosario Rodrigues (Querist) 03 May 2025 This query is : Resolved

I have asked permission for personal solar system
They have not replied me till 3 months.

2 As per the Deed of Apartment the builder had kept all the rights of terrace with him.
3 I installed the system
4 can society take action against me

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Installing an individual solar system on an apartment terrace requires permission from both the builder and the society, as the terrace is considered common property. Even if the Deed of Apartment initially grants rights to the builder, the Delhi Apartment Ownership Act states common areas belong to all flat owners. You cannot install equipment without the General Body's approval. If you've already installed a system without permission, seek retrospective approval, which may involve penalties or charges. The society can also demand removal if permission is denied. While solar systems aren't typically basic amenities, arguments can be made for their necessity. Consulting a structural engineer is also recommended.

kavksatyanarayana (Expert) 03 May 2025
As you have no right on the terrace, you have to obtain permission from the builder and the society.

Dr. J C Vashista (Expert) 04 May 2025
Deed of Apartment is governed by Section 13 of Delhi Apartment Ownership Act, 1986 where common areas is the property of all owners of flat, accordingly builder has no say / authority to retain title of the terrace. However, for installation of solar system on roof-top has to be allowed by AGM of the members of association.

S Jadhav 98336 98330 (Expert) 05 May 2025

since terrace is common property of the society or all members, one individual member cannot place his/her own equipment on the terrace without the approval of the General Body.

Since you have already installed the system without necessary permission, please request for permission now. The General Body may grant you permission with penalty and monthly charges or may not grant you permission, in which case the general body can charge a penalty and monthly charges until you remove the system from the terrace, failing which you may have to pay larger penalties to the general body

T. Kalaiselvan, Advocate (Expert) 05 May 2025
The solar system does not come under basic amenities category hence you cannot claim the installation of solar system in the terrace of your apartment building.
You may obtain permission from your resident welfare association for installation of the solar panel

P. Venu (Expert) 07 May 2025
With the changing times, it cannot be said that solar system is not a basic amenity. In case of any objection from the Society/builder you can reply on such a view.

T. Kalaiselvan, Advocate (Expert) 19 May 2025
Of course, it is possible to install a solar system on the terrace of an apartment complex, provided you obtain the necessary permissions and adhere to the relevant regulations. The key is to secure approval from the apartment complex's management or governing body, as the terrace is generally considered a shared asset.
It's advisable to consult with a structural engineer to ensure the roof can handle the additional weight of the solar panels.
Discuss your proposal with the society and inquire about their policies and procedures for rooftop solar installations.

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