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18 December 2024

Full (Solar)Power Ahead In Condominium Ownership

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Brauneis Rechtsanwalte

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As of September 1, 2024, the 2024 Condominium Act Amendment (Wohnungseigentumsgesetz-Novelle 2024, Wohnungseigentumsgesetz "WEG 2002") has significantly reduced the legal barriers to installing so-called "balcony power plants" in condominiums.
Austria Real Estate and Construction

Full (Solar)Power Ahead in Condominium Ownership

As of September 1, 2024, the 2024 Condominium Act Amendment (Wohnungseigentumsgesetz-Novelle 2024, Wohnungseigentumsgesetz “WEG 2002”) has significantly reduced the legal barriers to installing so-called "balcony power plants" in condominiums.

In principle, any modification to a condominium unit requires the consent of all other condominium owners if the planned change could potentially impair the legitimate interests of other owners.

To facilitate the installation of "balcony power plants"—i.e., photovoltaic systems installed on balconies or terraces to supply electricity to the condominium unit, which are typically mounted on the exterior surfaces of residential buildings and thus on common property—such photovoltaic systems have now been added to the enumerated list of privileged modifications under the Condominium Act.

However, even when installing a "balcony power plant," it remains crucial that the planned modification does not cause damage to the building or impair the legitimate interests of other condominium owners. Specifically, any negative impact on the building's external appearance must be avoided, and the modification must not pose any safety risks to individuals, the building, or other property.

In addition to expanding the list of privileged modifications, the amendment has also extended the scope of the approval presumption under § 16 (5) WEG 2002 to include the installation of photovoltaic systems on balconies or terraces for powering condominium units. However, the wording of the approval presumption is more restrictive, as it only applies to plug-and-play microgeneration systems as defined by the Electricity Industry and Organization Act (ElWOG).

By explicitly including plug-and-play photovoltaic microgeneration systems on balconies or terraces in § 16 (5) WEG 2002, the amendment establishes an approval presumption for these "balcony power plants." This means that the consent of other condominium owners is deemed to have been granted if the following conditions are met:

  1. Notification of Other Condominium Owners
    A notification about the planned project must be sent to the addresses of the respective condominium units or to another domestic delivery address provided by the co-owners (or, if requested by individual owners, via electronic communication).

  2. Confirmation that Conditions are met
    The notification must confirm that the planned modification involves the installation of a plug-and-play photovoltaic microgeneration system on the balcony or terrace. The planned modification must be described clearly and comprehensibly.

  3. Indication of Legal Consequences
    The notification must include information about the legal consequences, namely that the consent of other owners will be deemed granted if no objection is raised within two months of receiving the notification.

It is important to note that all of the above conditions must be cumulatively fulfilled; otherwise, the approval presumption does not apply.

If you are planning a "balcony power plant" and want to ensure your project complies with the law, we are here to support you with expert advice and assistance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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