Filenews 22 June 2023 - by Chrysanthos Manolis
When on June 1 the Plenary of the Parliament approved a proposal for a law so that a building permit is not required for the installation of photovoltaics on the roofs of existing (not even licensed) buildings, the chairman of the parliamentary Committee on Energy, Kyriakos Hatzigiannis, spoke of a "great success of the committee", the product of which was the proposal that was voted.
However, from reading the text of yesterday's referral of the law by the President of the Republic, one gets the impression that it was a great deal of frivolity on the part of the Energy Committee and the Plenary of the Parliament.
The President calls on MPs not to insist on the law they voted for, as it violates, according to Christodoulides (apparently with the agreement or recommendation of the Attorney General), three articles of the constitution, which establish the right to property, equality before the law and separation of powers. The President also identifies the risk of causing many problems, some of which relate to the security of citizens.
The submission of the bill, which was later voted by the Plenary, was made by the members of the Energy Committee, following complaints from building owners but mainly professionals active in the installation of rooftop photovoltaics, according to which there is an of bureaucracy in local authorities during the process of granting permission for the installation of a photovoltaic system on the roof of a house. It was also argued that there is a great heterogeneity between local authorities and district authorities as to what is required for the licensing of photovoltaic panels.
In order to circumvent this bureaucracy and the resulting delays, the Parliament passed an amendment to the law on the regulation of roads and buildings, according to which "photovoltaic systems installed on the shell of an existing building are not considered annexes to a building and their installation does not require the issuance of a permit by the competent authority (...)".
President's points
In a multi-page letter to the President of the Parliament, explaining the reasons for the referral, President Christodoulides also points out the following:
– There is insufficient justification, on a practical or legal basis, for rooftop photovoltaics to be treated differently from other attachments to the building envelope, such as solar water heaters and water tanks.
– The objections of competent ministries, government departments and the Union of Municipalities, which warned that safety and legality are in question, were not taken into account. Among other things, they warned that the installation of photovoltaics without a permit carries risks regarding the statics and suitability of the building, as well as the adequate fixation and support of the installation.
– The protection of the right to property by the constitution is violated, since, according to the referral, the rights of the co-owners of a building are not protected, who will not be asked to approve the installation in their co-ownership (eg common areas in apartment buildings), of photovoltaic by another co-owner.
– According to the referral, the constitutional principle of equality is also violated, as in many cases, especially with regard to apartment buildings, the right to install and enjoy the photovoltaic system will have only or as a priority the co-owner who will first install the system, as there will be no space left for other co-owners.
– According to the text of the referral, the constitutional principle of separation of powers is violated, as Parliament, says President, cannot aim at the specific handling of specific issues, as a competent administrative authority. The issuance of building permits, for example, is a classic example of an administrative act, he adds.
– The protection of property is also violated in the case of lease agreements (rental of buildings or parts of a building), as the law, as voted, allows the tenant to install a photovoltaic system without the consent of the owner.
– Based on the decision of the Parliament, there is a strong concern, says President, that photovoltaics can be installed even in illegal buildings, as the Parliament allows, with the law it voted, the installation of the system without permission in all existing buildings (with a few exceptions), without any guarantee of the existence of permits provided for by various legislations.
