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城市楼顶装光伏算违建吗?最全解读+案例

发布时间:2022-06-11 14:10:20
发布者:凌渡_光伏
浏览次数:101

5月24日,武汉市青山区城管执法局发布消息称,港都花园街有两名居民因违规建设光伏屋顶,被主管部门要求自行拆除。

据街检人员介绍,目前,两栋安装了光伏的住宅楼通往屋顶的门都被锁上了,是上述两位业主造成的。 1万元,在每个小区的屋顶上建了一个3米50多平方米的光伏屋顶。

街道工作人员解释说,两人都知道光伏能源是国家支持的项目,所以想把它建在他们所在小区的屋顶上。在此之前,他们已经向区相关部门备案。但根据国家能源局《分布式光伏发电项目管理暂行办法》的相关规定,光伏发电项目所依赖的建筑物和设施应当合法,光伏板安装高度屋顶距离屋顶平台不应超过 1.8 米。这里的违章光伏设施高达3米,顶楼风大时,容易造成安全隐患。

为慎重起见,青山区岗都花园街道还特地给国土规划部门发信。该街道相关负责人表示,青山区国土规划部门回应称,居民建设光伏设施虽有备案,但涉及构筑物建设,未经规划部门批准属违法建设。 .根据《武汉市城乡规划条例》和《武汉市治理和查处违法建设条例》,应当依法依规依法查处。

“街道已通知居民自行拆除光伏屋顶。” 5月24日,青山区岗都花园街道工作人员表示,如果不自行拆除,将依法强制拆除。


工业屋顶上的太阳能电池板.jpg


近年来,随着光伏产业特别是分布式光伏的快速发展,越来越多的业主在自家屋顶安装光伏电站,但每年都被视为“违建”,引发纠纷和拆迁的案例也不少.

那么如何判断屋顶光伏电站是否违法呢?要解决这个问题,首先要了解什么是违章建筑:

未经申请或申请未获批准建造,未取得建设用地规划许可证和建设工程规划许可证。建筑物;

擅自变更建设工程规划许可规定的建筑物;

未经授权改变使用性质而建造的建筑物;

临时建筑超过有效期后仍未拆除成为永久性建筑的建筑;

伪造有关资料,骗取主管机关许可而建造之建筑物。

违章建筑大致可分为两种:

一是建设者未取得土地使用权,无法取得建设许可证;

在取得土地使用权的土地上建设违章建筑,是指未取得建筑许可证而建造的建筑物,但在该建筑物占用区域内有权使用该土地建造房屋和其他建筑物.

安装在自家屋顶上的光伏电站会不会被非法建造或改建?

根据国家相关法律法规,屋顶分布式光伏发电系统并不违法,只要以合法手段提交申请,合理设计、建设光伏电站,国家电网将及时并网支付补贴。目前在家庭光伏发电系统的建设和安装方面已有非常成熟的市场经验。根本不需要改造房子。只要屋顶条件可以确定是否可以安装,无论是装修前还是装修后,都没有影响。安装太阳能组件后,它可以发电,看起来很生态时尚,那何乐而不为呢?

高层住宅区或别墅的光伏电站算违建吗?

如果光伏发电系统设计合理,安装合理,既不会影响原有房屋结构,也不会影响周边环境。在整个经营过程中,担心会破坏小区的整体美感,所以只有通过合理的沟通和解释,一般物业才会同意安装。目前,上海等地区已经陆续安装了很多别墅屋顶。北京部分高档别墅小区屋顶采用光伏发电系统,提升了这些小区的品质,带来了高效益。也为驱散雾霾做出了巨大贡献。

如何确保我的屋顶光伏电站没有违建?

2014年7月国家能源局发布的《分布式光伏发电项目管理暂行办法》第三章第十一条明确规定:项目备案工作应当根据分布式光伏发电项目的特点。可简化手续,免征发电经营许可证、规划选址、土地预审、水土保持、环境影响评价、节能评价、社会风险评价等证明文件。

据此规定,在自家屋顶安装户用光伏系统,无需当地规划、安监、城管等部门批准。前提是在安装过程中不能改变屋顶结构。

安装户用光伏电站的要点:

1、居民要建光伏电站,最好先做好咨询,尤其是找专业的服务商建电站流程。了解,以免在程序过程中卡住;

2、即使使用自己的屋顶搭建光伏电站,也要尽可能提前与物业、居委会、邻居沟通。这是构建和谐社区的积极体现,也是发展清洁绿色能源的意义所在。但这只是沟通和听取别人的意见,你不会失去任何东西,你也可能因此而获得赞美。

3、光伏电站在施工过程中,应避免支架(不能太高或太宽,甚至考虑遮挡造成的阴影区域覆盖别人的场地等,多想想这样的后果是)不是坏事),并且要严格按照施工规程进行施工。当然,更重要的是要避免“非法建设”的嫌疑;

4、光伏电站建设过程中,如遇到城管部门调查,应尽快提供所有相关手续和许可,并积极与城管部门沟通,听取对方意见派对。即使有问题,也要尽量避免被当场拆除的厄运。

5、在规划建设屋顶电站之前,要花些时间,拿好设计图纸及相关资料,主动向城管、街道办事处“登记”咨询。

案例分析

案例一:武汉汉阳招商园区上府小区几栋楼顶上建的光伏电站,业主未获得物业支持,但仍建设成功。

该物业认为:在屋顶上建设光伏电站,占用屋顶公共平台,影响建筑物主立面外观,侵犯其他业主集体利益。

街道办事处和城管也多次上门调查,但最终城管部门未能将光伏电站认定为违建,因此部分业主最终建起了光伏电站。

城管意见

城管执法中队负责人表示,根据有关规定,分布式光伏发电项目可免办发电业务许可、规划选址、土地预审、水土保持、环境影响等。评估、节能评估、社会风险评估等配套文件。据此,城管部门认定光伏发电设施合法不违法,未予拆除。

发展改革委意见

武汉市发改委能源司相关负责人表示,近年来,国家一直在鼓励建设光伏电站。根据规定,建设光伏电站应向当地发展改革委备案。未经备案,不能并网,也不能享受国家补贴。个人在屋顶等社区公共空间安装光伏发电设备的,应当征得社区行业委员会和电站所在建筑物的广大业主同意。

武汉市房管局相关负责人还表示,根据《武汉市物业管理条例》,通道、楼梯、屋顶、屋顶露台等均归业主所有,禁止任何单位和个人占用,惩罚或将其用于其他目的。使用公用部分进行经营,应当符合法律、法规、规章和管理法规的规定,并征得有关业主和业主大会的同意。未经其他业主同意,建设光伏电站显然是不可能的。

案例总结:在住宅楼顶建光伏电站,可免办证明文件手续,但需其他业主同意再建。

案例二:浙江某楼顶光伏建筑被举报违法。

光伏电站建设过程中,加装了钢结构屋顶,未经批准擅自施工。

市规划局局长说:如果只是安装光伏板不需要审批,但楼顶已经突破了原规划控制指标。 (钢结构屋面形成封闭空间,造成施工面积,未获批),属于违章施工。

从以上案例不难看出,由于国家的支持不过,有些小区的光伏电站建设,虽然省去了很多手续,但建设还是需要所有业主的同意。对于建筑面积增加的建筑,如普通阳光房,无论是钢棚还是光伏太阳棚,都需要规划局审批。

对于农村来说,屋顶产权明晰,户用光伏电站选址往往在屋顶上的因素是无限的。一般来说,屋顶是一种闲置资源,如果不使用,只会导致浪费。把电站建在屋顶上,可以有效利用屋顶空间,一石二鸟是好事。农村房屋为单间独户建筑,屋顶的绝对所有权属于房屋所有者,而城市高层建筑则需要征得业主同意。

On May 24, the urban management and Law Enforcement Bureau of Qingshan District, Wuhan City announced that two residents of Gangdu Huayuan street were required by the competent authorities to demolish their photovoltaic roofs due to illegal construction.


According to the street inspectors, at present, the doors leading to the roof of the two residential buildings with photovoltaic devices are locked, which is caused by the above two owners. 10000 yuan. A photovoltaic roof of more than 3 meters and 50 square meters has been built on the roof of each community.


The street staff explained that both of them knew that photovoltaic energy was a state supported project, so they wanted to build it on the roof of their community. Before that, they have filed with the relevant departments of the district. However, according to the relevant provisions of the Interim Measures for the management of distributed photovoltaic power generation projects issued by the national energy administration, the buildings and facilities relied on by photovoltaic power generation projects shall be legal, and the installation height of photovoltaic panels from the roof to the roof platform shall not exceed 1.8m. The illegal photovoltaic facilities here are up to 3 meters high. When the wind on the top floor is strong, it is easy to cause potential safety hazards.


For prudence, Gangdu Huayuan street in Qingshan District also sent a letter to the land planning department. The relevant person in charge of the street said that the land and Resources Planning Department of Qingshan District responded that although the residents' construction of photovoltaic facilities has been recorded, it involves the construction of structures, which is illegal without the approval of the planning department According to the regulations of Wuhan Municipality on urban and rural planning and the regulations of Wuhan Municipality on the governance and investigation of illegal construction, it shall be investigated and dealt with according to laws and regulations.


"The street has informed the residents to remove the photovoltaic roof by themselves." On May 24, the staff of Gangdu Huayuan street in Qingshan District said that if it was not demolished by themselves, it would be forcibly demolished according to law.


In recent years, with the rapid development of photovoltaic industry, especially distributed photovoltaic, more and more owners install photovoltaic power stations on their own roofs, but they are regarded as "illegal construction" every year, and there are many cases of disputes and demolition


So how to judge whether the roof photovoltaic power station is illegal? To solve this problem, we must first understand what is illegal construction:


Construction without application or approval, and without construction land planning permit and construction project planning permit. building;


Unauthorized alteration of buildings specified in the planning permission for construction projects;


Buildings built without authorization to change the nature of use;


Buildings that have not been demolished as permanent buildings after the expiration of the period of validity of temporary buildings;


A building constructed by falsifying relevant information and obtaining permission from the competent authority.


There are two types of illegal buildings:


First, the builder has not obtained the land use right and is unable to obtain the construction license;


The construction of illegal buildings on the land on which the land-use right has been obtained refers to the construction of buildings without a construction permit, but the right to use the land to build houses and other buildings within the area occupied by the buildings


Will photovoltaic power plants installed on their roofs be illegally constructed or reconstructed?


According to relevant national laws and regulations, the roof distributed photovoltaic power generation system is not illegal. As long as the application is submitted by legal means and the photovoltaic power station is reasonably designed and constructed, the State Grid will timely connect to the grid and pay subsidies. At present, we have very mature market experience in the construction and installation of household photovoltaic power generation systems. There is no need to renovate the house. As long as the roof conditions can determine whether it can be installed, it will not affect whether it is before or after decoration. After installing the solar module, it can generate electricity. It looks very ecological and fashionable. Why not?


Are photovoltaic power stations in high-rise residential areas or villas illegal?


If the photovoltaic power generation system is reasonably designed and installed, it will not affect the original house structure or the surrounding environment. During the whole operation process, the general property owner is worried that it will damage the overall beauty of the community, so only through reasonable communication and explanation will the general property owner agree to the installation. At present, many villa roofs have been installed in Shanghai and other areas. Photovoltaic power generation system is adopted on the roofs of some high-end villa communities in Beijing, which improves the quality of these communities and brings high benefits. It has also made great contributions to dispelling smog.


How to ensure that my rooftop PV Plant is not illegally built?


Article 11 of Chapter III of the Interim Measures for the management of distributed photovoltaic power generation projects issued by the National Energy Administration in July 2014 clearly stipulates that the project filing shall be based on the characteristics of distributed photovoltaic power generation projects. The procedures can be simplified and the power generation operation license, planning and site selection, land pre review, water and soil conservation, environmental impact assessment, energy conservation assessment, social risk assessment and other supporting documents can be exempted.


According to the regulations, the installation of household photovoltaic system on the roof of the house does not require the approval of local planning, safety supervision, urban management and other departments. Provided that the roof structure cannot be changed during installation.


Key points for installation of household photovoltaic power station:


1. If residents want to build photovoltaic power stations, it is best to do a good job of consulting first, especially looking for professional service providers to build power stations. Understand to avoid getting stuck during the procedure;


2. Even if you use your own roof to build a photovoltaic power station, you should communicate with the property, neighborhood committee and neighbors in advance as much as possible. This is a positive reflection of building a harmonious community and the significance of developing clean and green energy. But it's just communication and listening to others' opinions. You won't lose anything, and you may get praise for it.


3. During the construction of the photovoltaic power station, it is not a bad thing to avoid the support (not too high or too wide, or even consider that the shaded area caused by the shelter covers other people's site, etc.), and the construction shall be carried out in strict accordance with the construction procedures. Of course, it is more important to avoid the suspicion of "illegal construction";


4. During the construction of the photovoltaic power station, in case of any investigation by the urban management department, all relevant procedures and permits shall be provided as soon as possible, and actively communicate with the urban management department to listen to the other party's opinions. Even if there are problems, we should try to avoid being demolished on the spot.


5. Before planning and constructing the rooftop power station, it is necessary to spend some time, take good care of the design drawings and relevant data, and take the initiative to "register" and consult with the urban management and sub district offices.


case analysis


Case 1: in 1872, a photovoltaic power station was built on the roof of several buildings in Shangfu community of Wuhan Hanyang investment promotion park. The owner did not get property support, but the construction was still successful.


The property believes that the construction of photovoltaic power station on the roof will occupy the public platform on the roof, affect the appearance of the main facade of the building and infringe upon the collective interests of other owners.


The sub district office and the urban management department also conducted door-to-door investigations for many times, but the urban management department failed to recognize the photovoltaic power station as illegal, so some owners finally built the photovoltaic power station.


Urban management opinions


The head of the urban management and law enforcement squadron said that according to relevant regulations, distributed photovoltaic power generation projects can be exempted from power generation business license, planning and site selection, land pre review, water and soil conservation, environmental impact, etc. Assessment, energy conservation assessment, social risk assessment and other supporting documents. Accordingly, the urban management department determined that the photovoltaic power generation facilities were legal and not illegal, and they were not demolished.


Opinions of the development and Reform Commission


The relevant person in charge of the energy department of Wuhan development and Reform Commission said that in recent years, the state has been encouraging the construction of photovoltaic power stations. According to the regulations, the construction of photovoltaic power stations shall be filed with the local development and Reform Commission. Without filing, it cannot be connected to the grid or enjoy state subsidies. Individuals who install photovoltaic power generation equipment in the public space of the community, such as the roof, shall obtain the consent of the community industry committee and the owners of the buildings where the power station is located.


The relevant person in charge of Wuhan Housing Administration Bureau also said that according to the Wuhan property management regulations, the passageways, stairs, roofs, roof terraces, etc. belong to the owner, and no unit or individual is allowed to occupy them, punish them or use them for other purposes. The use of public parts for business operation shall comply with the provisions of laws, regulations, rules and administrative regulations, and obtain the consent of the relevant owners and the owners' assembly. It is obviously impossible to build a photovoltaic power station without the consent of other owners.


Case summary: building a photovoltaic power station on the roof of a residential building can be exempted from the formalities of supporting documents, but it needs the consent of other owners.


Case 2: a rooftop photovoltaic building in Zhejiang was reported illegal.


During the construction of the photovoltaic power station, a steel structure roof was added, and the construction was carried out without approval.


The director of the Municipal Planning Bureau said: if only photovoltaic panels are installed, approval is not required, but the roof has broken through the original planning control indicators. (the steel structure roof forms an enclosed space, resulting in construction area, which is not approved), which belongs to illegal construction.


It is not difficult to see from the above cases that, due to the support of the state, the construction of photovoltaic power stations in some residential areas still needs the consent of all owners, although many procedures have been omitted. For buildings with increased building area, such as ordinary solar houses, whether steel sheds or photovoltaic solar sheds, they need to be approved by the Planning Bureau.


For the rural areas, the roof property rights are clear, and the factors for the location of household photovoltaic power stations are often on the roof are infinite. Generally speaking, the roof is a kind of idle resource. If it is not used, it will only lead to waste. Building the power station on the roof can make effective use of the roof space. Killing two birds with one stone is a good thing. Rural houses are single room single family buildings, the absolute ownership of the roof belongs to the house owner, while urban high-rise buildings need the consent of the owner.