Municipal liability for shadow nuisance from solar panels

Questioner

Twelve years ago, I bought a house with solar panels from a project developer. The municipality has included a stipulation in its municipal regulations that no obstacles, in the broadest sense of the word, that could cast a shadow on the panels may be present in the vicinity of these panels. Now they're going to build behind us, and the houses are situated in such a way that we'll have shadows on the panels. I want to hold the municipality liable because they're violating the regulations themselves. According to my legal counsel, that's not possible. The municipality is allowed to draw up the regulations but isn't obligated to comply with them themselves; they're not a party to the deed, but they do impose the regulations. I have the feeling that they do not want to take legal action against the municipality, because it is all quite complicated.

Lawyer

It's unclear what you meant by the municipal regulations. If you mean the zoning plan, then the municipality can amend it, but you, as an interested party, can object. Whether you have a chance of success can only be assessed if you can read the municipal regulations and apply them to your situation. If you would like me to review your case, please contact me.

Lawyer

I believe the legal aid means the following. The agreement contains provisions for you and any co-owners of nearby properties, stipulating that both parties are obligated not to cast shadows on adjacent properties. This obligation therefore applies to both you and your co-owners. You obligate the municipality to comply with this. The municipality itself has no such obligation. However, you can try to hold the municipality liable for causing unlawful nuisance. The fact that the municipality itself considers compliance with the contractual provisions important makes it, in my view, quite defensible that the municipality itself may not create a situation (shadow nuisance) that the municipality itself (according to the wording of the deed) apparently considers undesirable.

Questioner

It's indeed as Mr. Binsbergen described. I can certainly use this. I'll take it to my legal aid, thanks.

Lawyer

Should legal proceedings become necessary, you are entitled to choose a lawyer of your choice under the policy. Policy terms that restrict this right have been declared invalid by the court. Therefore, I could assist you under the legal expenses policy if legal proceedings against the municipality arise.