Are my neighbors allowed to install solar panels?
Questioner
The storage areas of both houses are connected to each other. There is a supporting wall between them, with a beam on top, which are connected to each other with bolts. Now the neighbours want to place solar panels on the flat roof. I am against it, because the roof construction cannot withstand the extra weight of the ballast stones of these solar panels. This could cause damage to my roof (sagging due to the extra weight) or the entire construction could possibly develop cracks. What is my right to prevent this in a proper manner? And what can I hold them liable for in the future, in the event of possible cracks or leakage.Lawyer
Installing solar panels on the shared roof structure of the storage areas of both houses can create a complex situation. According to Dutch law, someone who causes damage to the property of another is in principle liable for that damage (article 6:162 of the Dutch Civil Code). This would mean that if the neighbours install solar panels that cause weight damage to your shared roof, they can in principle be held liable for any repair costs. However, this can become more complex when the roof structure is jointly owned, or there is a VvE. In that case, you could argue that both owners are responsible for the maintenance of the building. In principle, each co-owner has the right to make changes to his/her part of the joint building. However, if these changes could have consequences for the entire structure or property of others, then the co-owners must give permission for this. So, before your neighbours start installing solar panels, you may be entitled to ask them to approve their plans, particularly if you can demonstrate that their changes could potentially cause damage. It is important that you seek professional advice on how best to approach this, as the specific legal position will vary depending on your exact circumstances and the details of the case. In the future, if a situation arises where damage is caused to your home as a direct result of the solar panels, you could hold your neighbors liable for the repair costs. Proof of the causal link between the solar panels and the damage would be crucial in this situation, so it may be useful to have a building inspection done beforehand. Remember, it is always advisable to seek professional legal advice from a specialized lawyer or attorney for a more accurate interpretation of your rights and obligations in this situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.Neem de volgende stap
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