{"id":2757,"date":"2026-07-01T10:19:06","date_gmt":"2026-07-01T08:19:06","guid":{"rendered":"https:\/\/notar-sawade.de\/solaranlage-auf-dem-dach-was-beim-immobilienverkauf-zu-beachten-ist\/"},"modified":"2026-07-01T10:19:06","modified_gmt":"2026-07-01T08:19:06","slug":"solaranlage-auf-dem-dach-was-beim-immobilienverkauf-zu-beachten-ist","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/solaranlage-auf-dem-dach-was-beim-immobilienverkauf-zu-beachten-ist\/","title":{"rendered":"Roof-Mounted Solar System\u2014What to Consider When Selling a Property"},"content":{"rendered":"

Many homeowners underestimate the need for legal arrangements when selling a house with a solar power system. Notaries provide guidance and offer legally sound solutions. What buyers and sellers need to know.<\/strong><\/span><\/p>\n

Millions of homes in Germany have solar panels on their roofs. But what happens to these panels when the home is sold? Are they automatically considered part of the building? Are the solar panels included in the sale, or should the seller be allowed to continue using them? Notaries clarify the facts with the parties involved and include appropriate provisions in the real estate purchase agreement. This helps prevent disputes, tax disadvantages, and the loss of warranty claims or subsidy payments.<\/span><\/p>\n

\u201eA photovoltaic system raises a number of legal issues in the event of a sale. The parties involved should discuss these matters with the notary at an early stage of the sale. This will help avoid unpleasant surprises for both sides,\u201c explains <\/span>Dr. Markus Baschnagel, Executive Director of the Baden-W\u00fcrttemberg Chamber of Notaries.<\/span><\/p>\n

Is the solar system automatically considered part of the house?<\/strong><\/span><\/p>\n

The answer surprises many: It depends. In the case of by far the most common installation method\u2014known as a \u201craised-mount\u201d system, in which the modules are mounted on rails on the existing roof\u2014the system is considered, according to prevailing legal opinion, to be an independent movable asset. It is therefore not automatically part of the real estate and, consequently, is not automatically included in the sale.<\/span><\/p>\n

The situation is different with so-called in-roof installation, in which the solar modules replace roof tiles and are integrated into the building envelope. In this case, the system is generally considered a legal part of the property and shares its fate. In such cases, the solar system cannot be easily separated from the property and is generally automatically included in any sale.<\/span><\/p>\n

\u201eThis distinction has far-reaching consequences: for the purchase price, for taxes, and for the question of who receives the feed-in tariff after the sale,\u201c explains Dr. Baschnagel.<\/span><\/p>\n

Co-sale of the photovoltaic system<\/strong><\/span><\/p>\n

If the photovoltaic system is to be transferred to the buyer along with the house, this should be expressly stipulated in the notarized purchase agreement, regardless of the system\u2019s design. If the parties agree on a pro-rata purchase price for the system, this amount may be exempt from real estate transfer tax.<\/span><\/p>\n

In addition, existing contracts may be transferred to the buyer:<\/span><\/p>\n

\u2013 the power purchase agreement with the utility company<\/span>
\u2013 Existing maintenance and insurance contracts<\/span>
\u2013 if applicable, a loan agreement, if the investment is still being financed<\/span><\/p>\n

Claims under a manufacturer's warranty (often up to 20 years) should also be expressly transferred from the seller to the buyer.<\/span><\/p>\n

It always depends on the specific case<\/strong><\/span><\/p>\n

Even though the sale of the system is the norm, other scenarios are also possible: If the seller wishes to continue using the solar system, this must be secured by contract and, if necessary, by registering an easement in the land registry. If the previous owner has only leased the roof space and, for example, a company has installed a system there, the buyer assumes the existing contract.<\/span><\/p>\n

Why the notarial provision is so important<\/strong><\/span><\/p>\n

Notaries provide the parties involved with impartial and clear explanations of the typical legal issues surrounding photovoltaic systems in real estate purchase agreements.<\/span><\/p>\n

The notarized purchase agreement also provides legal certainty with regard to the photovoltaic system: It specifies what is included in the sale, governs the transfer of contracts, ensures continued use if necessary, and prevents costly disputes later on. \u201eAny buyer or seller who is unsure about what will happen to the solar system on the roof should consult with a notary at an early stage,\u201c concludes Dr. Baschnagel.<\/span>.<\/p>","protected":false},"excerpt":{"rendered":"

Many homeowners underestimate the legal requirements involved when selling a house with a solar power system. Notaries provide guidance and offer legally sound solutions. What buyers and sellers need to know. Millions of homes in Germany have solar panels on their roofs. But what happens to these systems when the home is sold? Do they automatically become part of the building? Is the\u2026<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2757","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2757","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2757"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2757\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2757"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}