Balcony Solar in WG Leases: Tenant Rights Germany

Many shared-flat residents consider installing a small balcony solar system to reduce electricity costs. For tenants in Germany it is crucial whether the lease or a specific clause permits or restricts the installation. Shared flats often involve multiple subtenants and common areas, which increases the need for landlord consent and makes liability questions more complex. This article explains in plain language which rights and obligations apply to flatmates, typical lease wording, and the legal foundations under German law. You will learn how to request permission in writing, which deadlines to observe, which documentation helps, and when to consult the local court. We also show sample clause texts, offer practical wording suggestions for flatmates, and cite official laws and key court decisions so tenants in Germany can act confidently.

What the balcony-solar clause means in shared flats

A balcony-solar clause regulates whether and under which conditions tenants may mount a small photovoltaic system on a balcony or terrace. Landlords often require prior consent or specify technical requirements; sometimes installation is banned outright. Legal rules on duties and user rights are based on §§ 535–580a of the BGB and relevant BGH decisions.^[1][2]

Rights and obligations for flatmates

Flatmates should clarify how consent, costs, liability and dismantling are regulated. Typical points include:

• Obtain written landlord consent — a written permission is the safest option.
• Clarify costs and liability — who pays for damage or dismantling?
• Have installation performed by qualified personnel to ensure safety.
• Keep documentation: photos, invoices and written agreements.

When can the landlord object?

The landlord can object if there are legitimate safety concerns or reasons related to building regulations or liability. Blanket bans are only effective if they do not contradict rental principles and tenants' legitimate expectations; in disputes the local court or higher instances decide.^[3]

How to request permission as a shared-flat

A clear, factual request increases the chance of approval. State the technology, installation company, cost sharing and dismantling rules. Propose deadlines and offer a liability arrangement.

• Suggested wording: "We request written consent to install a balcony PV system (max. X kW) by a certified company; dismantling at move-out at our expense."
• Attach technical data, inspection reports and an installation quote.
• Agree in writing how costs and any repairs will be shared.

FAQ

Do flatmates need landlord consent for a balcony PV system?

Yes, consent is generally required; without consent there is a risk of breach of contract and an order to remove the system.^[1]

Who is liable for damage caused by a balcony PV system?

Primarily the operators of the device; in a shared-flat liability should be contractually clarified and insurance checked.

Can the landlord ban a balcony PV system entirely?

A blanket ban can be permissible if factually justified; however, overly broad bans can be challenged.

How-To

1. Check the lease: Review lease clauses on balcony use and structural changes.
2. Submit a request: Provide a written request with technical details and ask for written consent.
3. Agree on costs and liability: Put in writing how costs, dismantling and liability are divided.
4. Document installation: Ensure professional installation and keep invoices and photos.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Bundesgerichtshof – Decisions on tenancy law
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. — gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) – Decisions on tenancy law
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de