Is there any legal basis for the owner not to be allowed to install solar water heaters?

Introduction Is there any legal basis for not allowing homeowners to install solar water heaters on the property? According to Chapter 6 of the Property Rights Act, the owner's building is divided into ownership. Article 70 Right of the owner over the building.

Is there any legal basis for the owner not to be allowed to install solar water heaters?

There is a legal basis. According to Chapter 6 of the “Property Rights Law”, owners have differentiated ownership of the building

Article 70. The owner owns the exclusive parts such as residences and commercial buildings of the building , and is the owner of the shared parts other than the exclusive parts owned in part and managed in common.

Article 73: Roads located inside building zones belong to the owners, with the exception of urban public roads. Green spaces located inside building areas belong to the owners, with the exception of those which are urban public green spaces or which expressly belong to individuals. Other public places, public facilities and real estate service buildings located in the building zone belong to the owners.

It is therefore not permitted to install solar water heaters in places whereblics shared by owners, otherwise it would violate the public rights and interests of all owners. If you want to install it, you must obtain consent from all owners.

Detailed information

If the owner wishes to install a solar water heater on the property: all owners must sign and agree

"Now Wuhan is building two types of solar water heaters "The company, but the owners want to install solar water heaters, but the real estate management has always refused to do so. "Yesterday, Mr. Hu, the owner of the Tianqin Garden Community on Changfeng Avenue in Qiaokou, reported his dissatisfaction to the hotline of this newspaper.

Mr. Hu said that Early last year, after moving to the upper 18th floor of Building 9 of Qiaokou Tianqin Garden Community, he purchased a solar water heater and planned to install it on hisr the roof. . But the property management company said that according to current laws and regulations, it could not install it on the roof of the building. He failed to coordinate with property management on several occasions, and the solar water heater has been sitting in the living room for a year and still not in use.

The reporter accompanied Mr. Hu yesterday to find the community's property manager. According to him, many owners asked the property management to install solar water heaters, but the property management did not agree. There are two reasons: according to the "Property Rights Law" and the "Wuhan Real Estate Management Regulations" which came into effect on January 1 this year, stipulates that public spaces, platforms and roofs of the community are the joint property of all the owners and cannot be occupied privately by individuals.

Certains owners wish to install solar water heaters on the roof of the building. According to current regulations, they must wait two years for the community owners committee to be established, and the owners committee will organize itself. all building owners must sign and agree.

Director Yu said that the static pressure generated for a long time after the installation of the solar water heater will cause water seepage on the roof, and these water seepage does not enter within the five-year housing warranty period promised by the developer.

In other words, once water infiltration occurs on the roof, the homeowner's home maintenance fund can only be used for repairs after 5 years. This also requires the signature and consent of all or at least the owners of the accommodation. building unit, because water infiltration on the roof does not congenerally surround only residents on the top floor. It is difficult to say whether residents on other floors agree to use the fund.

Baidu Encyclopedia - Property Law. of the People's Republic of China

It costs around 4,000 to install a brand of solar water heater yourself. There will be maintenance costs in the future, but the installation costs are quite reasonable. 8 yuan per cubic meter is the operating costs, including maintenance costs and spare parts costs, but mainly electricity costs for electric heating on rainy days. If you install a 100 liter household electric water heater, you generally need 60 yuan of water for one bath. The temperature rises by 30 to 70 degrees, and the electricity consumption is about 2 to 5 degrees ( low in spring and autumn, high in winter). The cost of electricity is obviously 1.6 to4.0 yuan. However, the key question is whether the total capacity of the solar water heating system installed by property management in your building matches the number of users and frequency of use of the building, and whether there is any redundancy design (take into account other hot water consumption). besides swimming; water pumps, pipes, valve leaks; heat loss in the rainy season), if it can only be used by 80% of the population, plus 10% of the loss, 30% of the population will not be able to take a bath. bath (it's impossible to imagine running away in the early afternoon to go home and take a bath) Bar). Therefore, the property management company should be required to provide the relevant design parameters of the solar water heating system to ensure that hot water will be available after paying the money. (I lived in a community in the development zonestation of Kunming West for 2 years. Its public solar hot water system ran out of hot water after 7 p.m. and there was very little water in the afternoon.)

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