Photovoltaic Systems on Condominium Common Parts in Italy

Installing a photovoltaic system on a condominium's common parts in Italy can be centralized or reserved to a single owner. Here is what majorities are needed, what article 1122-bis says, and how costs are split.

More and more assemblies find themselves discussing photovoltaic systems on condominium common parts, both because rising electricity costs push owners to consider self production and because Italian regulation has made it easier to install panels on the shared roof, whether as a single condominium wide system or as solutions reserved to an individual owner who wants to power their own unit. Distinguishing between these two scenarios is essential, because the required majorities, costs and management responsibilities all change.

The roof as a common part and available surface

The building's roof is, unless otherwise indicated in the deed of ownership or the bylaws, a common part under article 1117 of the civil code, and as such its surface can be used to install a photovoltaic system benefiting the entire condominium or, alternatively, made available to one or more owners who intend to install their own individual system, provided the roof's covering function is not compromised and the architectural decorum is not altered in a way incompatible with the surrounding context.

Article 1122-bis and the individual owner's system

Article 1122-bis of the civil code specifically governs the possibility for an individual owner to install, at their own expense, systems for producing energy from renewable sources intended to serve their own apartment, using the building's common parts, including the roof, with a simple obligation of prior notice to the property manager describing the specific content and the way the work will be carried out. The assembly can impose, with a majority of those present, requirements regarding how the installation is carried out, but cannot prevent the work if it complies with legal conditions and does not harm the building's decorum or stability.

The centralized photovoltaic system for the whole condominium

Different is the case of a centralized photovoltaic system, intended to power the building's common services, such as the elevator, staircase lighting or a centralized heating system, or configured as a shared system for collective self consumption among participating owners. In this case, installation requires a proper assembly resolution, with a qualified majority since it is an innovation under article 1120, although, being a renewable energy production project, it benefits from the reduced majorities provided for energy efficiency interventions.

Collective self consumption and energy communities

A condominium photovoltaic system can be set up for collective self consumption, allowing owners who join the initiative to share the energy produced and benefit from the incentives available for this arrangement, or it can be connected to a renewable energy community set up at local level. These solutions require an agreement among participating owners on rules for sharing energy and related incentives, which the assembly must define clearly to avoid future disputes between those who join and those who stay out of the initiative.

The majorities required at the assembly

For a centralized photovoltaic system, since it is an innovation aimed at energy savings, the assembly can resolve with the reduced majority provided for these innovations, easier to reach than that required for purely decorative innovations. It is still necessary for the meeting notice to precisely describe the subject of the resolution, attach quotes and specify the technical installation details, so that all owners can knowingly evaluate the proposal.

Collecting comparable technical quotes for the centralized system
Calling the assembly with a detailed agenda
Passing the resolution with the reduced majority provided for energy interventions
Notifying the property manager for individual systems under article 1122-bis

Sharing costs and economic benefits

The costs of a centralized photovoltaic system are shared according to general ownership shares, unless the condominium bylaws indicate otherwise, while the benefits derived from the energy produced, such as savings on common consumption or any proceeds from selling excess energy, are generally attributed under the same criterion. For individual systems installed under article 1122-bis, on the other hand, costs and benefits remain entirely with the owner who carried out the work at their own expense.

The property manager's role in the project

The property manager must handle technical communications relating to individual systems, take care of calling the assembly and drafting minutes for the centralized system's resolution, and keep track of quotes, authorizations and contracts with energy suppliers. To simplify this work, AmministraPro offers tools dedicated to technical documentation and condominium resolutions, described on the features page, with the different subscription plans available in the pricing section of the site.