Solar panels in case of co-ownership
At a time when everyone is trying to make their property as energy-efficient as possible or make the property as much as possible to suit their own needs, it is important to know what your rights are in doing so.
In the context of enforced co-ownership, it happens all too often that you are faced with decisions made by others or majorities that you do not agree with. The question then arises as to what exactly you can do about this. Consider the desire of a co-owner to install solar panels on the roof. Should you agree to this or can you oppose it? After all, the roof is usually a common asset so a co-owner cannot decide on his own to fill the roof with private solar panels.
Can a co-owner decide to make changes to the building?
In principle, a co-owner can make certain changes to the property. This is where Article 3.82 of the Civil Code comes into play. Article 3.82, §1 of the Civil Code states:
‘Subject to other provisions of this Book, each co-owner shall be free to make alterations to the undivided property at his expense, provided that he does not change its purpose and does not impair the rights of the other co-owners.’
In other words, the co-owner can carry out the works at his own expense (i.e. not at the community's expense), and this as long as he:
- does not change the destination, and;
- the rights of the other co-owners are not affected.
After all, it cannot be the intention that one co-owner takes the entire roof to install private solar panels so that no other co-owner can install a solar panel.
The law goes further when certain works would be carried out in the context of optimising energy, water or telecommunications. Article 3.82, §2 of the Civil Code states:
‘Moreover, individual co-owners and licensed utility operators shall have the legal and free of charge right to construct, maintain or renew cables, pipes and related facilities in or on the common parts, to the extent that the purpose of such works is to optimise the infrastructure for the owner or owners and users of the private parts concerned in terms of energy, water or telecommunications and to the extent that the other individual co-owners or, as the case may be, the association of co-owners, do not have to bear any financial burden thereof. The person who built this infrastructure on his own account remains the owner of this infrastructure located in the common parts.’
If a co-owner wishes to carry out works in this context, all co-owners, at least the trustee, must be notified by registered mail at least two months before these works are to be carried out. In doing so, the co-owner must state exactly what works will be carried out and how these works can be justified within the framework of the optimisation.
It can then possibly be decided within the co-owners' association to carry out these works themselves. This is obviously not an obligation.
Moreover, prior to the execution, one must in good faith consult with the property management agency and/or the other co-owners about the execution method of the works. The co-owner must always choose the execution method that causes the least nuisance to the other co-owners.
Can I oppose a co-owner's decision to carry out certain works?
You can object if a co-owner decides to carry out certain works. The law requires you to have a legitimate interest in doing so (art 3.82, §2, 3rd paragraph of the Civil Code).
The law provides that you have a legitimate interest in three well-defined cases, in particular when:
- there is already such infrastructure in the relevant common parts in the building, or;
- the infrastructure or the works to realise it cause significant damage in terms of the appearance of the building or the common parts, the use of the common parts, their hygiene or safety, or;
- no optimisation of the infrastructure results from the planned works or when the planned works increase the financial burden of other co-owners or users.
Of course, it cannot be your intention to oppose without good reason. After all, this could hamper the overall functioning within the association of co-owners.
It is important to send your objection by registered post within two months of receiving the registered letter from the co-owner stating that he wishes to carry out certain works.
If you do this late, you will lose the right to object. Being on time is therefore the message!
In addition, it is also particularly useful to consult the articles of association and internal rules of procedure. The legislator has made it easy for the co-owner by explicitly including in the legal text that he can carry out certain works, but this does not mean that the articles of association or the internal regulations cannot limit the co-owner's possibilities.
More recent basic deeds almost always set out chalk lines for carrying out certain works. In particular, as regards the installation of charging stations and/or solar panels, it may be useful to provide an explicit regulation in order to avoid later discussions.
Among other things, a financial arrangement can be chosen when a co-owner wishes to install private solar panels on the roof.
If the basic deed does not currently provide for such a possibility, the co-owner will have to write to the trustee with a request to put the amendment of the basic deed on the agenda of the next general meeting.
Furthermore, it often happens that the building promoter retains the right to use and enjoy the roof in order to install solar panels for his own private property or to establish an energy community on the roof at a later date. In such a situation, a co-owner can no longer establish private solar panels.
Contact Wanted Law!
Are you bored with such a situation or considering carrying out works on common parts? Feel free to contact one of our Wanted Lawyers so that we can advise and assist you personally.