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。
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 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.