With sustainability top of mind for many Australians, solar power is a smart investment. However, property laws and approval requirements can be complex, particularly when it comes to planning regulations, strata rules, and protecting access to sunlight.
Do You Need Permission to Install Solar?
For most freestanding residential homes, installing rooftop solar panels does not require council approval—provided the system meets size and placement standards. However, if your property is heritage-listed or located in a conservation zone, you may need development consent. It is important to check with your local council or planning authority before installation begins. Non-compliance can lead to fines or removal orders.
Solar in Strata and Apartment Living
If you live in a strata scheme, such as an apartment or townhouse, installing solar is more involved. You will typically need approval from the owners corporation or body corporate (depending on which State or Territory you live in), especially if the panels are to be installed on common property. In New South Wales, recent changes to strata laws have made it harder for body corporates to reject sustainability proposals without valid reasons. However, gaining approval often still requires a formal motion and a majority vote. In Queensland, depending on the location of the solar panels, often a vote must be undertaken by all members of the body corporate – with one single person having the ability to prevent the motion from being passed.
Solar Access Rights – What Happens if Someone Blocks Your Sun?
A growing area of concern is solar access. While Australia currently lacks a national solar rights law, some local councils take access to sunlight into account during development approvals. If a neighbour builds an extension or plants a tree that significantly impacts your system’s performance, you may have limited legal options—though certain nuisance or planning laws might apply, depending on your location.
Before investing in solar, we recommend a legal review of your property’s planning controls, strata by-laws (if applicable), and any potential rights-of-way or neighbouring developments that could affect solar access. A little legal foresight can save time, money, and future disputes.
Thinking about going solar? Contact our team for expert legal advice tailored to your property and state regulations. Sustainable energy starts with solid legal foundations.
