By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Barnard | Law Firm
  • Latest News
  • About Barnard
    • About US
    • Our Services
    • Our Team
  • Calculators
  • Contact
Reading: Tax rebates for solar panels – How can sectional title owners benefit?
Aa
Barnard | Law Firm
  • Latest Articles
  • About Us
  • Our Services
  • Our Team
  • Contact Us
Follow US
© Barnard Incorporated. All Rights Reserved.
Barnard BriefsProperty Law

Tax rebates for solar panels – How can sectional title owners benefit?

By Johan du Toit Noluthando Ndala 4 Min Read
Share

Heightened security, a great sense of community, lower insurance costs and shared maintenance costs are a few of the advantages associated with Sectional Title developments. Property trends indicate a significant surge in sectional title homes across the country, with many analysts attributing this popularity to some of the aforementioned advantages. Whilst each sectional title owner enjoys undisturbed use of their unit(s), a Body Corporate ensures the effective maintenance of the communal property as well as regulating the standards of the complex at large to facilitate harmonious living and quality life for all residents. 

On 22 January 2023, Eskom announced permanent load-shedding for the next two years. Whilst this is a crisis for which the greater population has no solution to, solar panels are a good renewable energy alternative for typically the middle class and above. Then, on 22 February 2023, the finance minister announced that as of 1 April 2023, the National Treasury will provide tax incentives (rebates) and relief for up to R15,000 to households to encourage a move to renewable energy. 

Sectional title expert Marina Constas, in her dialogue with John Perlman from 702 radio station, shed some light on how owners can go about installing solar panels on their properties in sectional title schemes. Owners cannot make the decision to install solar panels by themselves, seeing that the solar panels will typically be installed on the common property. The Body Corporate is essentially at the centre of this decision, not only through liaison with the owners but then by way of special resolution if there are any objections by one or more of the owners.

The trustees of the Body Corporate should send out a letter/proposal to the owners to kick the process off. The letter should expand on details such as the associated costs, plan of the scheme, where the solar panels will be placed, the increase in levies, any interest payable as well as the structure of the ownership and the maintenance of the solar panels. The Body Corporate should afford owners a 30-day period in which owners can object to the letter/proposal. If there is an objection, a subsequent meeting should follow where a special resolution is entertained. Needless to mention, if the proposal passes, owners will be responsible for the payment and maintenance of the solar panels. However, should the Body Corporate be the ones to put up the panels at their expense, irrespective of where the panels are put up, the Body Corporate will be liable for its maintenance. 

Given the tax rebate that was just announced, it could be to the benefit of the owners to be given the necessary consent from the trustees and other owners to put the solar panels up themselves, so that they can then be in a position to claim the tax rebates when they submit their annual tax returns.

By Johan du Toit and Noluthando Ndala

Latest News and Insights
With a focus on recent cases, the role of regulatory bodies like the ARB and NCC, and the implications of the Consumer Protection Act, the piece delves into the growing trend of holding businesses accountable for misleading 'green' marketing.
Navigating The Green Tide: South Africa’s Emerging Greenwashing Litigation Landscape
Commercial Litigation News and Insights
Grandparents' Rights under the Children’s Act 38 of 2005
Do grandparents have rights over their grandchildren under South African law?
Family Law News and Insights
Constitutional Court Reforms Divorce Act
Constitutional Court Reforms Divorce Act
Family Law News and Insights
Through real-world examples like Rolex and Tudor, understand how trademarks transcend mere symbols, shaping brand perception, market entry strategies, and legal safeguards, ultimately driving business success and enhancing overall worth.
What is the Value of a Trademark?
Intellectual Property News and Insights
Johan du Toit Noluthando Ndala 5th April 2023
Share this Article
Facebook LinkedIn Email Copy Link Print
By Johan du Toit
Follow:
Senior Associate
By Noluthando Ndala
Follow:
Candidate Attorney

Discuss this article with me:

Ad image

You Might Also Like

Lodge Adequate Disputes To Ensure That Your Electricity Is Not Disconnected

9 Min Read

Inflated Insurance Claims and Forfeiture of Benefits

9 Min Read

Recent Liquidation Order opens the book on the Financial Woes of South Africa’s Private Schools

3 Min Read

Lululemon Dupe Controversy on TikTok Raises Intellectual Property and Passing Off Concerns

5 Min Read
Tree White

© Barnard Inc. All Rights Reserved.

  • Barnard is a Level 2 BEE contributor
  • Privacy Policy
  • Careers
  • Law Students
  • Fidelity Fund Certificates
  • Testimonials
Welcome Back!

Sign in to your account

Lost your password?