Easier installation of "balcony power plants" thanks to the 2024 WEG amendment
Apartment owners in particular know that you can't always do what you want with your property. If an owner of an apartment wants to make changes to their own apartment in accordance with the Condominium Act (WEG 2002), the consent of all other owners of the building is sometimes required, which cannot always be replaced by a court. An amendment to the WEG will make it easier for owners to make certain changes to condominiums in the future.
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Apartment owners in particular know that you can't always do what you want with your property. If an owner of an apartment wants to make changes to their own apartment in accordance with the Condominium Act (WEG 2002), the consent of all other owners of the building is sometimes required, which cannot always be replaced by a court. An amendment to the WEG will make it easier for owners to make certain changes to condominiums in the future.
The Condominium Act distinguishes between measures that require the consent of the other owners and measures that do not require consent. According to Section 16 (5) WEG, the projects listed therein do not require the express consent of the other owners. This applies, for example, to the barrier-free design of a condominium property or the installation of a device for slow charging of an electrically powered vehicle.
In such cases, the WEG provides for a fiction of consent. It is then sufficient if the other owners do not object to the project within two months, provided that they have been informed of the planned measure in advance in the manner specified in Section 24 (5) WEG. If none of the co-owners object or remain silent, this is deemed to be consent to the project, which can then be implemented accordingly.
Extension of the catalog pursuant to Section 16 (5) WEG
With the amendment to the WEG 2002, which came into force on 1.9.2024, the taxable list of favorable projects mentioned in § 16 para. 5 WEG was extended to include the installation of so-called "balcony power plants". These are small, plug-in photovoltaic power generation systems for the balcony or terrace that are connected to an existing socket, are only used to supply the condominium property and do not exceed the maximum value of 0.8 kW per residential unit in accordance with the Austrian Electricity Industry and Organization Act (ElWOG). If a new socket is to be installed, the consent of the other owners is not required.
Attention: Even if a co-owner has not objected, he or she does not have to tolerate a significant and permanent impairment of his or her condominium or accessory property (Section 16 (5) last sentence WEG). This could be the case, for example, in the event of permanent shading resulting from the addition of a "balcony power plant".
If a project is not listed in Section 16 (5) WEG, the consent of all other condominium owners to the planned measure is generally required. However, this may not be refused if the requirements specified in Section 16 (2) WEG are met, or consent can be replaced by a court in the event of an unjustified refusal.
Here too, the amendment to the WEG contains a simplification for "balcony power plants": If general parts of the property are also used for the planned measures, which will often be the case with photovoltaic systems, the change would generally either have to be in line with common practice or serve an important interest of the condominium owner. A Exception however, for the so-called " privileged changes " pursuant to Section 16 para. 2 no. 2 WEG, which now also include the installation of photovoltaic panels on the terrace or balcony to supply the condominium property. In this case, no proof of compliance with common practice or the important interest of the condominium owner will be required in future.
Conclusion
changes to your own condominium property cannot always be carried out without legal hurdles. In practice, it often fails because the other owners (unjustifiably) refuse to give their consent, which is why in many cases it is ultimately necessary to appeal to an out-of-court judge. In line with the general trend towards solar energy, the 2024 WEG amendment has made it easier to install new photovoltaic systems on balconies or terraces to generate your own electricity, and it is to be hoped that this simplification will encourage many owners to switch to solar energy on their own balconies or terraces in the future.
Celina Lola | Associate
Alexander Prei | Paralegal
Image © Maryana Serdynska ID 1689065725 | istockphoto. com
