South Africa is a sunny country, making it an ideal location for solar panel installations. With the current energy crisis in South Africa, many body corporates and homeowners in sectional title schemes, such as apartments and townhouses, are interested in installing solar panels on exclusive use areas (e.g. rooftops). However, installing solar panels in exclusive use areas in sectional title schemes can be a complex process and all parties involved need to be aware of the legal and practical considerations. In this article, we will provide a comprehensive guide to solar panel installation in exclusive use areas in sectional title schemes in South Africa.

Legal Considerations

The installation of solar panels in exclusive use areas in sectional title scheme properties is subject to certain legal considerations. Where an owners desires to install solar panels, the owner will need to obtain permission from the body corporate which is responsible for the management and administration of the sectional title scheme.

The body corporate may have specific guidelines and requirements for solar panel installations, which need to be followed. It is important to ensure that the installation complies with relevant laws and regulations, such as the National Building Regulations and Standards Act and the Electrical Installation Regulations. Some of the typical provisions in rules pertaining to solar panel installations for sectional title schemes include:

1. Compliance with relevant laws and regulations: Solar panel installations in sectional title schemes must comply with relevant laws and regulations, such as the National Building Regulations and Standards Act and the Electrical Installation Regulations. Trustees need to ensure that the installation is carried out by a qualified electrician and that all necessary permits and certificates are obtained.

2. Placement and design: Solar panels must be installed in a way that does not compromise the structural integrity of the building or cause damage to other units or common areas. The design and placement of the solar panels must be approved by the body corporate.

3. Aesthetics: Solar panels must be installed in a way that does not detract from the aesthetic appearance of the building. The body corporate may have specific requirements regarding the design of the solar panels.

4. Maintenance and upkeep: Solar panel installations require regular maintenance and upkeep to ensure optimal performance. Trustees need to schedule regular inspections and cleaning of the panels, as well as maintenance of the inverter and other components.

5. Insurance: Trustees need to ensure that the solar panel installation is adequately covered by the scheme's insurance policy. The insurance policy may need to be updated to include the solar panels.

Technical Considerations

Installing solar panels in exclusive use areas in sectional title schemes requires careful planning and technical expertise. Factors such as the size of the solar system, the orientation and tilt of the solar panels and the capacity of the inverter will need to be considered. The installation also needs to comply with applicable safety standards, such as the South African Bureau of Standards (“SABS”) guidelines for solar panel installations.

Financing Options

Solar panel installations can be expensive and financing options will need to be considered. In South Africa, there are various financing options available, including leasing, power purchase agreements and loans. These options will need to be carefully evaluated with the view of choosing the one that best suits the financial situation.

Maintenance and Upkeep

Solar panel installations require regular maintenance and upkeep to ensure optimal performance. Regular inspections and cleaning of the panels will need to be scheduled, as well as maintenance of the inverter and other components. It is important to be aware of any warranties or guarantees offered by the solar panel supplier and ensure that such terms are complied with.

Conclusion

Installing solar panels in exclusive use areas in sectional title schemes can provide significant benefits to homeowners, including reduced energy costs and a lower carbon footprint. However, it is important to follow the legal and technical considerations, evaluate financing options and ensure proper maintenance and upkeep. By doing so, sectional title schemes can contribute to a more sustainable future for South Africa while enjoying enabling owners to enjoy the benefits of solar power in their homes.

If you need assistance with a property matter, contact our offices today to schedule a consultation with one of our specialist property law attorneys. Alternatively, you can schedule a consultation online by using the following link Book An Online Consultation.