Austria: The construction of small balcony power plants in residential property

 

The last amendment to the Condominium Act made it easier for apartment owners to set up „balcony power plants“.

The term „balcony power plant“ refers to a ready-to-plug photovoltaic micro-generation system with an output of less than 0.8 kW, which can already be plugged into an existing socket and is intended to supply a condominium property with electrical energy.

General parts of the property are required for the construction of balcony power plants or the external appearance can be impaired by attaching the balcony power plants to the outside of the balcony.

The consent of the other apartment owners is therefore necessary for the construction of a balcony power plant.

With the amendment to the Condominium Act, the installation of a photovoltaic system on the balcony or terrace became a privileged measure, so that an important interest or customary use of general parts does not have to be proven.

Furthermore, a fiction of consent also applies to the construction of a balcony power plant, as has already been the case with the barrier-free design, charging stations for slow charging of electric cars, shading devices or the installation of burglar-proof doors. Accordingly, the consent of a condominium owner is deemed to have been given if he has been informed of the planned change and has not objected to the change within two months of receipt of the notification. The notification must be made by posting a house notice and sending it in writing to the apartment owners.

This amendment to the law significantly simplifies the construction of balcony power plants and, above all, the fiction of consent contributes to increasing legal certainty. The changes came into force on 1.9.2024.

 

For further information, please contact:

Stephan Gappmaier, Partner

Zumtobel Kronberger Rechtsanwälte OG, Salzburg

e: gappmaier@eulaw.at

t: +43 662 624500

 

#WLNadvocate #Austria #Salzburg #law #legal #lawyer #construction #realeastatelaw #realestate #propertylaw