Filenews 30 June 2023 - by Chrysanthos Manoli
The Plenum of Parliament yesterday unanimously rejected the referral by the President of the Republic of the law approved a few weeks ago, so as not to require a building permit for the installation of photovoltaics on the roofs of buildings, but immediately after the rejection of the referral, an amended text of the same law was approved, so as to accept one of the main objections of the President of the Republic.
Other parts of the referral, for example the President's position that the law violates the principle of separation of powers, as Parliament interfered in the procedure for permitting parts of buildings, which is considered to be the responsibility of the executive, were not amended by Parliament.
Members who took the floor during the debate on referral back strongly criticised President Christodoulides and his associates for the referral, arguing that it was unfounded and did not take into account other similar legislation and procedures that partly dispel security concerns as detailed in the text of the referral.
However, as mentioned above, immediately after the rejection of the referral, an amended text of the new law was passed, in order to ensure that the abolition of the obligation to issue a building permit for the installation of a photovoltaic roof will not lead to a violation of the property rights of some citizens, in cases of co-ownership of a building, resulting in photovoltaics being installed in common areas (eg apartment buildings), in such a way that other co-owners will be deprived of the same possibility, due to lack of space.
The two changes to the law, as voted yesterday by Parliament, provide for the following:
- The exemption from the obligation to issue a building permit for the purpose of installing photovoltaic systems on the shell of existing buildings will apply only to buildings owned by a single owner (therefore they cannot be placed in common areas of apartment buildings or other complexes).
- For the installation of photovoltaic systems on the shell of existing buildings owned by more than one owner, the provisions of article 38(2)(b) of the Promotion and Encouragement of the Use of Renewable Energy Sources Law will apply. In particular, according to these provisions, "in the case of buildings and/or apartment buildings, the installation producing electricity from renewable energy sources for self-consumption in a common area, for the needs of the building and/or units, may be implemented with the consent of the owners who own seventy-five percent (75%) of the property, provided that such installation will not affect the comfortable enjoyment of the other owners'.
