Thinking of going solar, but live in a Sectional Title?

08/09/2023 - By Tiffany Mare

THINKING OF GOING SOLAR, BUT LIVE IN A SECTIONAL TITLE?

Due to the electricity crisis in South Africa, most home owners are now looking at alternative electricity solutions.

As an owner of a sectional title unit, you are likely starting to question whether or not you may install solar panels in your sectional title unit.

The sectional title unit you own is made up of two parts. The sectional title unit includes a section as well as an undivided share in common property. The undivided share in common property is calculated in accordance with the participation quota.

Common property includes land in the scheme which is not included in the section as well as other amenities and facilities such as the swimming pool, tennis courts, passages, stairs, roofs ect.

Therefore, if the owner wanted to erect solar panels onto the roof of a sectional title unit, the owner would be doing so on the so called “common property” and would therefore require the necessary consent to do so.

The legalities regarding the common property within the scheme are regulated by the Sectional Titles Schemes Management Act 8 of 2011 (“Act”) together with the Sectional Title Schemes Management Regulations (“Regulations”)

As prescribed by the regulations, the owner of a unit will require the body corporates trustees’ consent in writing in order to make any external changes to the unit/exclusive use arears or common property.

In terms of the Prescribed Management Rule 29(1) and (2), a unanimous resolution by the body corporate is required if the installation of the solar is regarded as a non-reasonably necessary improvement. A unanimous resolution is a resolution which is unanimously passed at a general meeting of which at least 30 days written notice has been given, specifying the proposed unanimous resolution. The Unanimous resolution must be passed by all members of the body corporate who are present at the meeting of which, at least 80% of all the members (calculated in value and in number) are present or represented. All members who cast their votes must be in favour of the resolution.

A special resolution by the body corporate would be required if the installation of the solar is regarded as a reasonably necessary improvement.
Due to solar panels being a simple energy solution to our electricity crisis, it is in my opinion that installing solar panels on the roof of a sectional title unit should be seen as a necessary improvement to the common property. A special resolution is a resolution passed at a general meeting of which at least 30 days written notice has been given specifying the proposed resolution. A special resolution must be passed by a majority of at least 75% of the votes (calculated in value and number) of the members of the body corporate who are either present or represented.
It is also important for the owners to consider getting their own insurance over the solar panels installed as they will not fall within the scopes of the current insurance policy put in place by the body corporate.
We can therefore conclude that sectional title owners may install solar panels provided that the necessary consents have been received prior to the installation thereof.