End of the blockade: Vonovia caves in on balcony power plant

The debate surrounding private energy transition on the balcony has reached a turning point. Germany's largest housing company, Vonovia, has relented in a legal dispute over the installation of a balcony power plant. A tenant from Aachen, who fought against the real estate giant's conditions for months, is now allowed to operate their system without reservation. This retreat from court is likely to have a signaling effect: it calls into question the previous strategy of many landlords to effectively prevent the installation of plug-in solar devices through high bureaucratic hurdles.

The German Environmental Aid (DUH) supported the tenant's lawsuit. They see the outcome as a success for the transition to renewable energies in citizen hands. Previously, Vonovia had attempted to complicate the operation of the system through requirements that are hardly feasible for private users. For example, the Bochum-based group demanded detailed wind load calculations, static proofs, and compliance with strict standards for vertical glazing. With the consent now given in court, the legal dispute has been settled in favor of the tenant. According to the DUH, Vonovia must also bear the costs of the proceedings.

High Vonovia Requirements

Correspondence from the company with prospective tenants for balcony power plants illustrated Vonovia's refusal to cooperate. In technical guides and checklists, requirements were formulated for systems with a capacity of only 600 watts that are usually applied to the construction of industrial combined heat and power plants or large-scale photovoltaic roof installations. For instance, regarding electrical safety, a preliminary inspection and installation by specialist companies were required. At the same time, the company set technical specifications, such as the installation of a special Wieland socket without drilling holes or visible cable routing on the facade.

The irony is that while landlords often insist on the strictest adherence to technical standards for balcony power plants, they benefit elsewhere from the case law of the Federal Court of Justice. According to a ruling from 2008, homeowners or apartment owners are not obliged to carry out regular general inspections of the electrical wiring in their apartments without a concrete reason. This leads to old electrical systems in Germany largely enjoying grandfathered status. The discrepancy between the desired high technology on the balcony and the often dilapidated state of internal installations has long highlighted the selective interpretation of safety aspects.

Schuko socket is sufficient

A ruling by the Hamburg-Wandsbek Local Court from early December further underpins the rights of tenants, explains the DUH. The judges clarified that general concerns regarding appearance or general liability risks are not sufficient to justify a refusal. Particularly significant is also the judicial confirmation that connection via a conventional Schuko outdoor socket is permissible. A corresponding DIN product standard has been available since November. This removes another barrier: landlords often demanded expensive special feed-in sockets, which made installation by qualified personnel mandatory.

Legal experts assess the current development as a clear signal against arbitrary hurdles. The previous tactic of gaining time and deterring tenants through absurdly high requirements is out of touch with reality, according to the assessment of involved lawyers. Since a landmark ruling is now available and the industry leader has conceded, it will be significantly more difficult for landlords in the future to reject balcony power plants by referring to static subtleties or aesthetic aspects.

The DUH is now calling for a fundamental revision of the permit agreements throughout the entire housing industry. Since mini-solar systems are now legally privileged and politically explicitly desired, the industry's specifications must be adapted to reality. For millions of people in rental relationships, the current development not only brings legal certainty but also the opportunity to participate in decentralized electricity generation without disproportionate legal or financial hurdles.

(wpl)