A groundbreaking ruling by the Dessau-Roslau Regional Court has strengthened the position of allotment gardeners who wish to install solar panels on their garden sheds to generate electricity. Although the ruling is not yet final and the losing allotment association can appeal, the German Environmental Aid (DUH) considers the decision a significant step forward for the energy transition.
In their decision, the judges clearly stated that allotment associations may not prohibit the operation of plug-in solar systems without a valid reason. In the court's opinion, the public interest in the use of renewable energy sources outweighs immutable association statutes.
Background to the legal dispute
According to media reports, a family from Wittenberg in Saxony-Anhalt had installed a plug-in solar panel on the roof of their allotment. The system was intended to generate electricity for various appliances such as lawnmowers, refrigerators, and lighting. Other tenants followed suit and also installed solar panels.
The association's management then asked all members to remove the solar panels. a demand that the regional court has now classified as unlawful.
Reactions to the ruling
Sebastian Lange, a lawyer at the project firm who represented the allotment gardeners, emphasized, according to the DUH: "The court has made it clear that association law does not legitimize blockades of climate protection." He further explained that the autonomy of the association's statutes ends where constitutionally protected goals such as the expansion of renewable energies are affected.
Therefore, a blanket ban on plug-in solar systems is unlawful. Allotment gardeners also have the right to use their roofs and gardens within the framework of applicable climate protection regulations.
Barbara Metz, Federal Director of the DUH, commented that associations can no longer prevent allotment gardeners from using solar energy with rigid regulations. Interest in renewable energies is more pronounced today than ever before, and it is important to involve the population in the energy transition.
Those who insist on outdated statutory provisions are ignoring current reality. Plug-in solar devices are part of the future – even in allotment gardens. She calls for nationwide legislation from the new federal government that would make such procedures superfluous, said Metz.
Points for discussion in practice
In practice, plug-in solar systems in allotment gardens raise various technical and billing issues. Some expert opinions point out that challenges can arise with internal billing when sharing a shared electricity supply with only one main meter.
Furthermore, the fundamental question is whether the existing electrical installation in allotment gardens is designed for the additional load and whether all the necessary registrations have been submitted.
Other voices emphasize the principle that allotment gardens are not traditionally intended for permanent residential use – a principle that could potentially be undermined by extensive electrification.
