Do you have to remove the solar water heater for roof waterproofing?

There are still laws to follow in installing solar energy. It doesn't matter whether you have real estate or not.

According to the renewable energy law, if your building provides convenient conditions for solar energy installation at the beginning of construction, that is to say, there is no problem in waterproof and load-bearing, solar energy can be installed, and it has passed the national acceptance, then your neighbor has the right to install solar energy.

However, for old buildings, there is no convenient condition to use solar energy. Then according to the law, if your neighbor wants to install solar energy, he has to negotiate with you and get your consent.

If he can prove that installing solar energy will not cause you inconvenience, but harm your legitimate rights and interests, then he can install it with your consent.

However, if he installed solar energy and caused damage to you, you can not only ask him to dismantle it, but also ask him to compensate you for the loss.

If there is a management committee in your community, arbitration can be coordinated through the management committee. The competent department at a higher level is the real estate management bureau in the district, and the superior is the municipal level. Otherwise, it can be settled in court through litigation.

There is a case with relevant reference laws:

Let me show you a case. [case]

Mr. Li lives on the second floor of a residential area near Zhangjiacun. Mr. Li and other owners are going to install solar water heaters on the roof, but Huang, the owner of the top floor, disagrees. The owner said to the property: "The roof belongs to all owners, and individual owners have no right to use it. If you let other owners install solar energy, I'll blow it! At that time, your property could not be divided! " This led the property to dare not open the passage to the roof for Mr. Li and others. Is there a legal basis for Mr. Li to consult Huang?

[Answered by Ma Wenlong's lawyer]

According to the new judicial interpretation in the Supreme People's Court, the owner's free use of the roof and external wall corresponding to its exclusive part based on the reasonable needs of the specific use function of residential and business buildings should not be considered as infringement. However, those who violate laws, regulations and management regulations and harm the legitimate rights and interests of others are excluded.

According to the above-mentioned laws and regulations, several owners, such as Mr. Li, used the roof to install solar energy for free based on the reasonable needs of specific functions of proprietary parts. This behavior did not violate laws, regulations and management regulations, nor did it damage Huang's legitimate rights and interests, nor should it be considered as an infringement of the * * * rights of all owners. Huang has no right to stop the installation. If Huang smashed the water heater of Mr. Li and others, he should bear civil liability for compensation for the losses. If the circumstances are serious, criminal responsibility may be incurred.