Luigi Napolitano Anaci Chiavari – Tigullio
What if one condominium wants to install solar or photovoltaic panels and needs of the common parts? “In theory you can – explains the director – but there are difficulties.”
Here is the intervention of Luigi Napolitano, aired this morning, 29 March, in our RadioAzione program:
Among the innovations introduced by the reform of the condominium law n. 220/2012, “changes to the building regulations in the buildings” came into force on June 18 of 2013, and there ‘a reference to installations for the production of energy from renewable sources, reported in the new Article 1122 bis of the Civil Code, inserted by the same law.
as discussed in chapter 5, the interventions that fall into the category of “technological innovation” have the facilities in terms of majorities by the condominium assembly.
in the case of actions of common benefit, acts to contain energy consumption and installation of plants for energy production from renewable sources, identified through an energy performance certificate or an energy audit carried out by a qualified technician, the assembly, on second call, may decide with the majority of those present and “only” a third of the value of the building.
In this case, it is not necessary that at the time of the resolution already exists the project of the works, accompanied by the technical compliance report . This must be prepared and filed in common before work.
The reform, however, not only applies to the centralized systems, but also devotes space to the individual ones of the individual condominiums.
If the premises only involve parties the exclusive property of the person concerned to the installation, do not pose particular problems, subject to the overall limit of propriety, put back, in case of dispute, the institution of mediation and, if necessary, to ‘ the discretion of a judge.
If you are involved common parts of the building, below Article 1122 of the civil code, the next 1122 bis, in fact legitimizes the installation of systems designed to produce energy from sources renewable at the service of the individual units of the condo, but outlines the procedure for the installation, on the flat roof or on any other suitable common area.
the individual concerned, if changes in the common parts are required, will have to duly notify the administrator, signaling the intervention content and methods of implementation.
Let’s clarify that for variations in the common areas, they do not mean only those materials, but any impairment in the enjoyment of the common things to the expense of the other owners and beneficial owners of real estate units.
the administrator will have to convene the assembly of blocks within thirty days of the request, placing the topic on the agenda.
the condominium meeting, in response to the demands of a condominium, can not deny him to install the common roof of photovoltaic panels to produce energy, provided, according to the interpretation of the law, it is for personal use only , and not for the sale of energy to the network.
Assembly is reserved the power to adopt, with the high quorum of innovations in general, equal to the number of votes constituting a majority of those present and at least two-thirds of the value of the building, some specific requirements designed to safeguard the equal right of use of common parts from other condos and stability, security and architectural decoration of the building.
Still Article. 1122bis said that the meeting, with the same quorum, may also make enforcement conditional on the provision by the person concerned for a suitable guarantee for any damage.
The use breakdown of the thing common among all buildings, it is in many cases the “stumbling block” for those who want more action to exploit independently one communal space, which is a pavement, rather than a cover or a vertical part.
Sara ‘often a technical report required to ascertain whether it is possible to ensure to all interested parties the equal use of the common part: the condition that it remains essential, even after the introduction of Article 1122-bis of the Civil Code
And we can imagine the opposition of the condominium contrary, which, even in the absence of the shareholders’ resolution, can take personal action to safeguard its rights on the common thing.
Therefore, while a centralized system installation no major issues, the creation of a private facility, on common areas of condominiums, appears undoubtedly more problematic and a source of conflict.
the legislator, in the drafting of the reform law, besides trying to promote the spread of plants for renewable energy production, must, in my opinion, increase incentives with economic benefits, centralized systems, for matters of decorum, efficiency and economy; more than they did with the tax benefits, of which possibly discuss in a future connection.
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