|
Covenants, Codes and Restrictions have you at bay for installing SOLAR power
on your home? No longer! The California State Legislature has untied
your hands and your CC&Rs can no longer prevent you from installing SOLAR on
your home.
California Solar LawsCalifornia
has adopted a number of laws that promote solar energy technologies. Below are
summaries of the existing laws and links to the actual California Code language.
The following is provided for information purposes only and it is recommended
that interested parties consult with an attorney to determine the applicability
of any of the listed solar laws.
Property Tax Exemption for Solar Energy
Equipment
Section 73 of the Revenue and Taxation Code
exempts from property taxes the value of solar energy equipment. For
example, if you install a photovoltaic system worth $24,000 and your assessed
property value is increased by that same amount, you do not have to pay property
taxes on the incremental $24,000 in value attributable to the photovoltaic
system.
California Solar Rights Act
Section 714 of the Civil Code
was enacted in 1978 to ensure that any covenant, restriction, or condition
contained in any deed or other contractual restriction, which affects the sale
or value of real property, does not limit the installation or use of a solar
energy system. For more information, read
The U.S. Department of Energy has published a report to help
homeowners understand their right to install solar in planned communities.
Bringing Solar Energy to the Planned Community: A Handbook on Rooftop Solar
Systems and Private Land Use Restrictions [DOE report]
Solar Easement Law
California Civil Code Sections 801 & 801.5 (PDF- 80K)
provides for easements to ensure the right to receive sunlight for any solar
energy system. Please note that an easement must be in place before a request
can be made to address obstacles to sunlight.
California Solar Shade Control Act
California Public Resource Code Sections
25980-25986 provides limited protections against
shading from vegetation on adjacent properties.
To review the California Codes, please see
http://www.leginfo.ca.gov/calaw.html
|