Romania: Three bills regulate apartment solar panels; prosumer group says balcony systems can cut bills up to 40%

One of these bills targets the balcony photovoltaic system, defined as a “renewable energy electricity generation facility, connected to the electrical installation of a residential customer’s consumption point, without modification of the connection installation, consisting of one or at most four adjacent photovoltaic panels, an inverter with a maximum continuous output power of no more than 800 VA in alternating current, and, optionally, an electricity storage facility.”

Such systems may be installed outside protected built-up areas and historical monument protection zones, using reversible fasteners, without intervention on the load-bearing structure, in compliance with fire safety regulations, the conditions set by the local urban planning regulation, and, where applicable, Article 341 of Law No. 196/2018, as well as with prior notification to the local public administration authorities.

The fastening elements must bear the loads resulting from the system’s own weight, wind action, and snow deposits, and must not be part of the common property.

Attaching the system to the exterior face of the balcony parapet or to other facade elements that are part of the common property shall be done only on the basis of a decision by the general assembly of the owners' association and shall be permitted only on metal railings or reinforced concrete parapets.

The system shall be additionally secured by an attachment independent of the main one, and each photovoltaic panel shall be secured relative to the supporting structure by means of retention independent of the main attachments, so that the failure of a main attachment does not cause the fall of the system or of any of the panels.

"The balcony photovoltaic system is configured to effectively limit the injection of electrical energy into the distribution network to zero, through technical solutions integrated in the inverter or external to it. (...) The inverter of the balcony photovoltaic system ensures automatic disconnection upon loss of grid voltage. The inverter that can be connected to the internet complies with the essential requirements applicable at the time of its introduction to the market, as provided for by Delegated Regulation (EU) 2022/30 (...)," the draft of the normative act further states.

"The APCE proposal is based on the models of Germany and Austria, and in line with Recommendation (EU) 2026/1007 of the European Commission, it calls for the simplified installation of balcony photovoltaic systems:

Small and safe system: a maximum of four panels, an inverter of up to 800 VA, and, optionally, a battery, connected directly to the home's electrical installation.

No bureaucratic hurdles: a simple notification to the distribution system operator – no technical approval, no solution study, no fees or tariffs, and no building permit required.

Guaranteed safety: zero grid injection, automatic disconnection upon loss of voltage, reversible clamps with double security, no intervention on the building structure, and compliance with European cybersecurity standards.

The right cannot be blocked: outside protected areas, local regulations and homeowners' associations may set conditions regarding the appearance of the facade, but they cannot prohibit or, in fact, make the installation impossible."

Combined with a battery, such a kit installed in a location with good solar exposure can reduce an apartment’s energy bill by up to 40%, according to APCE estimates. “With this law, Romania joins the select group of European states that have truly simplified citizens’ access to solar energy,” APCE states.

A second bill proposed by the Association stipulates that general assemblies of apartment building associations may decide, with the consent of two-thirds of the total number of owners in the condominium and the written consent of directly affected owners, to install renewable energy electricity generation systems on the roofs, terraces, or other common areas of the condominiums.

“Simple procedure: no building permit required outside protected areas, only notification to the local municipality and compliance with structural and fire safety requirements.

The association becomes a prosumer for common area consumption – elevators, lighting, pumps – directly reducing the building’s expenses.

Bill reduction: The money goes back to the people, so up to 85% of the revenue obtained from the energy delivered to the grid is directly deducted from the maintenance fees of each owner, proportionally to their share; the remainder is allocated to the repair fund.

Full transparency: the production, consumption, revenue, and reduction for each owner are clearly displayed in the monthly payment list," APCE states.

A third bill, drafted without the Association's involvement, establishes a mechanism for the installation and operation of photovoltaic systems and associated batteries on the common areas of condominiums, the use of energy for common consumption, its distribution to apartments, and the monetization of surplus energy.

The proposed legal framework recognizes the proportional and non-discriminatory application of the prosumer mechanism for prosumers acting collectively within the same building, as stated in the statement of reasons.

"The draft specifies how this right is coordinated with shared ownership and maintains the distinct legal framework for members of energy communities. Both simple sharing agreements and organization through an energy community are permitted. A simple agreement does not require the establishment of a new legal entity; the community retains its criteria for formation, registration, and operation. The choice of mechanism does not allow for the double offsetting of the same energy and does not automatically transfer the legal status of the production holder to the beneficiaries.

The installation may be common to all co-owners, owned by the participants, or owned by a third-party investor. The decision identifies the owners of the equipment, the production holder, the organizer, and the beneficiaries. The placement of the system does not transfer ownership of the roof and does not replace the agreements or formalities required for real property rights."

For siting and construction, a double majority is proposed: at least two-thirds of the number of entitled individual units and two-thirds of the ownership shares in the common areas, together with the consent of all directly affected owners. The shares are calculated in full, through an explicit derogation in the draft; the majority is not reduced upon reconvening. Exclusive use remains subject to unanimous consent and the conditions of Article 43 of Law No. 196/2018, with a special duration of no more than 25 years for the photovoltaic contract. Usage contracts exceeding three years by a group or a third party require the consent of all co-owners of the respective part.

Approval of siting is distinct from financing. The obligations of a private investment are expressly assumed by the participants; they are not imposed on non-participants. Reimbursable financing and guarantees at the expense of the association require the consent of all owners. For common installations, the rules for legally approved common expenses apply.

The association’s own revenues and the amounts collected on behalf of private installation owners are recorded separately. The revenues from the common installation cover the project’s obligations and maintenance, common consumption, and energy efficiency, while the remaining funds are allocated to the repair fund. No dividends are distributed from the association’s revenues. For condominiums without an association, the agreement identifies the revenue holders and the trustee, with separate information and verification. The tax regime follows the actual holder and the operation performed,” the cited document states.

The three draft laws and their statements of reasons can be read here, here, and here.

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