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Can a Solar Panel (GES) be Installed on an Apartment Roof? Legal Terms and Number of Decisions

Recently, rising electricity costs have led apartment and site administrations to turn to alternative energy sources. Elevators, common area lighting, indoor parking vents, and hydrophores add up to the electricity bills installed in the building every month.

It is at this point that many sites ask the same question: “Can we install solar panels (GES) on the roof of our building and bring the shared electricity for free? “or" I am on the top floor, can I install solar panels on the roof for my own apartment?

“

While solar energy is a great savings opportunity, it is essential to take the right steps in terms of the Condominium Law (KMK) and the Energy Market Regulatory Authority (EPDK) legislation.

1. What is the Sufficiency Number of Decisions? (Unanimity or Plurality?

) The

installation of solar energy panels is considered as “useful innovation and addition in common areas” under Article 42 of the Law on Condominium Property, as well as “investment in energy saving”.

For the Common Use of the Entire Apartment: In a GES project to be installed on the roof in order to meet the common electricity consumption of the site, it is sufficient for the floor owners to decide by majority of the number and land share (majority of votes).

Unanimity is not sought.
For Individual Use (Single Apartment): If a single apartment owner says, “I'm just going to put panels on the roof to generate my own apartment's electricity,” then you need the unanimous consent (written permission) of all other floor owners since the roof is common area. Individual installation cannot be carried out if not even a single neighbor gives a signature

2. What are the Legal Permission and Procedural Steps?

It is

not possible by legislation to say “we have made the decision in the general assembly, we will assemble the panels the next day”. The following steps should be followed, respectively:

Static Suitability Report: Static compliance certificate must be obtained from the civil engineer as to whether the roof of the building will bear the weight of the panel and construction to be installed.
Application to Electricity Distribution Company: An application for a Call Letter is submitted to the electricity distribution company in the region (EDAŞ) under “Unlicensed Electricity Generation” and the connection agreement is approved.
Project Approval and Roof Insulation: It is critical that the waterproofing of the roof is not damaged during the installation of the panels. In the event of a water leak that may occur on the roof, the company that made the project and the management that made the decision become legally responsible to the residents of the top floors

3. Can the Excess Electricity Generated Be Sold?

According to the EPDK's unlicensed production regulation, buildings use the electricity they generate on their roofs by offsetting.

The electricity generated during the day is supplied to the common meter and deducted from the electricity drawn from the grid.
If more electricity is produced than consumed, the surplus energy can be sold to the electricity distribution company and recorded as income in the apartment account. This income is used to reduce dues or transfer to the building fund
.

4. Who Pays the Installation Cost? (Tenant or Landlord?

)

Installing a solar panel system on the roof is an investment made on the main strength of the building, which permanently increases the value of real estate.

Responsible: All of this expense belongs to the floor owners (landlords) and is divided at the rate of land shares.
The budget for this investment cannot be demanded from tenants.

In a nutshell;

Rooftop solar energy systems (GES) are one of the most sensible investments for modern sites, both resetting fees and multiplying the market value of the building. The key to completing the process without crisis is to print the decision of the general assembly in the Resolution Book and sign contracts with competent engineering companies.

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