BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M
Installing solar panels on roofs in New York City (NYC) can present various legal considerations and challenges due to the city’s unique regulations, building codes, and zoning laws. Here are some key legal issues to be aware of when considering solar panel installations on NYC rooftops:
- Zoning and Building Codes:
NYC has strict zoning regulations and building codes that govern the installation of solar panels. Before installing solar panels, ensure compliance with local codes, including setback requirements, fire safety regulations, and any height restrictions.
- Historic Districts:
If the building is located within a historic district, additional approvals may be needed from the Landmarks Preservation Commission (LPC). The LPC ensures that the installation does not negatively impact the historic character of the area.
- Permits and Approvals:
Most solar panel installations require permits and approvals from relevant city agencies, such as the NYC Department of Buildings (DOB). The DOB reviews plans to ensure compliance with safety and structural requirements.
- Structural Analysis:
An engineering analysis is often required to assess whether the building’s structure can support the added weight of solar panels and the associated equipment.
- Electrical Permits:
Electrical work associated with solar panel installations requires separate electrical permits from the DOB. Electrical work must be performed by licensed professionals.
- Fire Department Approval:
Solar panel installations must meet requirements set by the NYC Fire Department (FDNY) to ensure that firefighters can access the roof during emergencies.
- Utility Interconnection:
Arrangements must be made with the utility company to connect the solar panels to the grid. This may involve applications, agreements, and inspections.
- Lease Agreements (if applicable):
For properties with co-op or condo boards, obtaining approval for solar panel installations may require navigating the co-op or condo’s governing documents. Leases may need to be amended to address solar panel installations.
- Neighbor Rights and Light Access:
Installing solar panels could potentially impact neighboring properties by blocking sunlight or views. Consider any legal rights that neighboring property owners may have related to light and air access.
- Property Tax Assessments:
In NYC, solar panel installations could potentially affect property tax assessments. It’s advisable to consult with professionals who understand the local property tax implications.
- Contracts and Agreements:
Engage in contracts with reputable solar panel installers, clearly outlining project scope, costs, warranties, and other terms.
- Maintenance and Liability:
Determine responsibilities for ongoing maintenance, repairs, and liabilities associated with the solar panel system.
Navigating the legal issues of solar panel installations in NYC requires careful compliance with local regulations and building codes. It’s recommended to work with professionals experienced in NYC real estate law, building codes, and energy regulations to ensure a smooth and legally compliant installation process.
Citations, References and Potentially Useful Resources for Further Information:
U.S. Constitution
New York State Constitution
Federal Securities Regulation
New York State Martin Act
New York Condominium Act
New York State Security Regulations
New York Business Corporation Law
New York Limited Liability Company Law
New York Uniform Partnership Act
Federal Internal Revenue Code
New York State Tax Laws, Rules & Regulations
New York City Tax Laws, Rules & Regulations
Winston Churchill Owners, Inc. v. Regents Real Estate Associates
Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.
Park Sutton Condominium v. 447 E. 57th St. LLC
28 E. 10th Street Corp. v. Veras
Riverside Syndicate, Inc. v. Munroe
Essex House Condominium v. Marks
The Parc Vendome Condominium v. Atkinson
54-56 Meserole Street Owners Corp. v. Rossi
The Beekman Regent Condominium v. Bottiglieri
Chelsea 19th LLC v. West 19th Street Realty LLC
ACRIS
New York Department of Finance
New York City Department of Buildings
New York City Bar Association
New York State Bar Association
Call 212 922 0005. Kiritsis Law Group.
Manhattan Office: 633 Third Avenue, New York, NY 10017. Phone# 212 922 0005.
New Jersey Office: 7309 Ventnor Avenue, Ventnor, NJ 08406. Phone# 212 922 0005.
Brooklyn Office: 6902 11th Avenue, Brooklyn, NY 11228. Phone# 212 922 0005.
Feel free to call us at 212-922-0005 for a free, brief and confidential consultation.
Whether buying real estate, having years of un-filed tax returns, have an immigration question, considering to start a business, faced with a commercial/business dispute or thinking about getting a prenuptial agreement — Our law firm is willing, able and ready to assist you. Call us at 212 922 0005.
We represent businesses and individuals throughout the 5 boroughs of New York City and most of New Jersey.
For a free, brief initial phone consultation with an attorney, call us today at 212 922 0005.
Our law firm provides a full range of legal services, within the following practice areas:
Real Estate
Business Law
Tax & Accounting Services
Immigration Law
Asset Protection
Business/Commercial Litigation & Disputes
The materials available through this website and any other websites owned by John Kiritsis (individually and collectively, the “Website”) are the property of John Kiritsis and his entities, and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public content from the Website without the prior written approval of John Kiritsis. Beware that any unauthorized use of John Kiritsis’ trademarks and copyrighted content for commercial purposes in violation of John Kiritsis’s intellectual property rights, will be vigorously enforced. All other trademarks, service marks and trade names referenced in this site are the property of John Kiritsis.
ANY AND ALL INFORMATION POSTED IN THIS WEBSITE SHALL NOT BE A SUBSTITUTE FOR LEGAL ADVISE BY PROPERLY LICENSED COMPETENT ATTORNEYS. FOR INFORMATIONAL ENTERTAINMENT PURPOSES ONLY. NOT SUBJECTED TO FINALIZED LEGAL EDIT WITH REGARDS TO CONTENT. SITE PRONE TO CONTAINING ERRORS OF STATEMENT OF LAWS, RULES AND/OR REGULATIONS WHERE APPLICABLE.
ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
The views expressed by this author are not legally binding or reflective of the author, the author’s firm, the author’s employers, the author’s employees, or any individual and/or organization.