All articles
How to verify rooftop PV and battery ownership, feed‑in contracts and transfer obligations when buying a condo or multi‑unit building in 2026
Step‑by‑step checklist for foreign buyers and expats: which WEG and land‑registry documents to read, what to request from the vendor, where EEG and network‑operator rules matter, and which red flags require a notary or energy lawyer.
Short legal outline: who usually owns the roof and installations?
Under German apartment‑ownership law the roof and fixed building components are normally part of the communal property of the Wohnungseigentümergemeinschaft (WEG). The WEG statute defines what is Sondereigentum and what is gemeinschaftliches Eigentum and treats installations that alter the roof as “bauliche Veränderungen”. See the WEG statute (esp. §§ 5, 20 and 21) and the 2021 recodification of the law. These rules mean that rooftop PV and a permanently installed battery are usually communal items unless the division documents explicitly allocate them otherwise.
Documents to get from the seller or manager (first‑order checks)
1) Current Grundbuchauszug for the Grundstück. The Grundbuch (land register) shows whether the property is organized as Wohnungseigentum and lists burdens and registered rights. 2) The Teilungserklärung and Aufteilungsplan (division deed and plan). These documents state what is Sondereigentum and what is gemeinschaftlich und are required for entry in the Grundbuch. 3) The full WEG meeting minutes (Eigentümerversammlungsprotokolle) and any resolutions authorising the PV or battery (look for votes under ‘bauliche Veränderungen’). 4) Copies of the Leistungsverträge: invoice history and the active Einspeisevertrag/PPA, metering and grid‑connection (Netzanschluss) contracts, and any Mieterstrom or operator agreements. If a storage system exists, ask for the purchase invoice, maintenance contract and control/aggregation agreements.
What to read inside those documents (concrete pointers)
In the Teilungserklärung/aufteilungsplan check whether the roof area and rooftop equipment are listed as Gemeinschaftseigentum or expressly transferred into a specific Sondereigentum right (§ 5 and § 7 WEG). In the WEG minutes find the precise resolution text that authorised the installation: the quorum and voting result, any cost‑allocation rule and whether the community kept ownership of the panels or allowed a single unit owner to claim exclusive use. In the Einspeisevertrag or PPA check the named Anlagenbetreiber (plant operator), the bank account for payments, and any clause on assignment or notification obligations when the operator or owner changes. Under the EEG framework the Netzbetreiber must be informed of changes that affect remuneration—so ask for evidence of notifications and recent payment receipts.
Practical steps in the purchase process and clauses to include
Ask the notary to make the seller represent that: (a) copies of the Teilungserklärung, Aufteilungsplan and relevant WEG resolutions have been delivered; (b) all Einspeise‑ and Netz‑contracts will be transferred or terminated with clear settlement mechanics; and (c) there are no undisclosed claims by third parties to operation or revenue. Where the PV or battery is communal, add a condition precedent that the WEG resolution and any required entries or easements be documented before completion. Do not rely on verbal assurances—insist on contract exhibits (signed resolutions, transfer agreements, receipts).
Red flags and who to ask for help
Red flags: no protocol for the approving WEG vote; operator named in the PPA is different from the registered owner; payments for months missing; a lease or third‑party operation right recorded off‑books. If you find uncertainty, stop before notarisation and consult a German notary (Notar) and a lawyer experienced in WEG/energy law. For technical verification (metering, grid connection and battery safety) instruct a qualified electrical engineer. For questions about EEG entitlement, operator change reporting and current remuneration rules consult an energy‑law specialist. These checks are routine but can materially affect cashflow and your legal exposure.
Nothing on this page is investment, tax or legal advice. Price bands are indicative asking prices and disagree between sources by design. Verify every figure with a qualified German notary, tax adviser (Steuerberater) or lawyer before committing capital.
