Solar Rooftop RERA Compliance Guide for Bangalore Property

What Legal Checks Are Needed When the Solar Rooftop System Promised in a Bangalore RERA Project Was Not Installed?

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore developer registered with K-RERA a solar rooftop photovoltaic system as a specified common amenity for the apartment project – typically described in the RERA registration as a solar rooftop system of a specified kilowatt-peak capacity to supply electricity to the building’s common areas including lifts, corridor lighting, water pumps and security systems – and then delivered possession of the flats without installing the promised solar system, the allottees have a RERA specification deviation claim under Section 14(1) for the missing amenity and the association faces higher common area electricity bills because the solar contribution that was factored into the project’s amenity promise is absent.

Why Is the Solar System a RERA Specification?

When a developer includes a solar rooftop system in the RERA registration’s amenity schedule – specifying the system’s capacity in kilowatt-peak, the type of installation (grid-tied or battery-backed) and the intended use (common area electricity supply) – the solar system becomes a material specification under RERA that the developer is contractually committed to deliver. RERA Section 14(1) requires the developer to complete the project as per the specifications in the RERA registration and the agreement for sale. An absent solar system is a missing amenity – a specification deviation of the same legal character as a missing parking space or an absent swimming pool.

Solar rooftop systems were prominently featured in RERA registrations during the 2015-2022 period when the central and state governments were incentivising solar installations through subsidies and policy mandates. Developers included solar systems in RERA registrations to market the project as sustainable and to potentially attract IGBC green building certification. In many projects, the solar system was a genuine cost to the developer – in others, it was a marketing promise that was not executed. Allottees who received possession without a solar system have both the RERA claim for the missing amenity and the ongoing financial impact of higher common area electricity bills.

How Do I Check the Solar System Before Buying or at Possession?

Step 1: Download the K-RERA project registration for the specific project and confirm whether a solar rooftop system is listed in the common amenities specification – noting the specified capacity in kWp and the intended use.

Step 2: During the possession inspection or the site visit, physically inspect the building’s rooftop for solar panels – confirming their presence, the approximate number of panels and the inverter installation in the electrical room.

Step 3: Ask the association whether the solar system is connected to the building’s common area electrical supply and whether it is generating electricity – a functioning system shows generation readings on the inverter display.

Step 4: Ask for the solar system’s last few months of generation data – a functioning grid-tied solar system produces BESCOM grid injection records that confirm actual operation.

Step 5: If the system is absent or non-functional, file a K-RERA complaint for specification deviation within the five-year DLP window and claim compensation for the missing amenity and the additional electricity costs incurred.

Q1. Is a solar rooftop system a RERA specification that the developer must deliver?

Yes – any amenity specified in the RERA registration documents and the agreement for sale is a RERA specification that the developer must deliver at possession. A solar rooftop system specified in the RERA registration with a defined capacity and use is a mandatory delivery item. The developer’s failure to install the specified solar system is a RERA Section 14(1) specification deviation that entitles the allottees to compensation.

Q2. What compensation can allottees claim for a missing solar system?

The compensation for a missing solar rooftop system includes: the cost of installing a solar system of the specified capacity as a rectification remedy; or the financial value of the solar system as a deviation compensation – assessed as the capital cost of the system that was not installed. The compensation may also include the additional electricity costs incurred by the association because of the absent solar generation. K-RERA adjudicating officers assess the compensation quantum based on the evidence produced by both parties.

Q3. Can the developer substitute a cash payment for the solar system?

A developer who offers a cash payment in lieu of the solar system is offering a financial settlement for the specification deviation. The allottees can accept or reject the offer – they are not obligated to accept cash in lieu of the promised amenity. If the allottees prefer the actual solar system to be installed, they can insist on installation through the K-RERA complaint process. If they accept cash, the settlement should be formally documented.

Q4. What is a grid-tied solar system and how does it benefit an apartment building?

A grid-tied solar rooftop system connects the solar panels to the BESCOM electricity grid through an inverter. During daylight hours, the solar panels generate electricity that is first used by the building’s common areas and any excess is fed back to the BESCOM grid for credit (net metering). At night or on cloudy days, the building draws electricity from the BESCOM grid as normal. The net metering credit reduces the building’s monthly BESCOM bill – providing ongoing savings for the association.

Q5. What if the solar system was installed but has been damaged and is non-functional?

A solar system that was installed but has been damaged through neglect, storm damage or equipment failure is a maintenance issue for the association after the DLP period. Within the five-year DLP, the developer is responsible for repairing a damaged solar system caused by faulty installation or poor quality equipment. After the DLP, the association bears the repair cost from the sinking fund. The critical question is whether the damage occurred within or after the DLP period.

Q6. Does the solar system’s absence affect the building’s green building certification?

If the RERA registration and the developer’s marketing claimed that the building would receive IGBC green building certification or any other green rating, and the solar system was a material component of achieving that certification, the absence of the solar system may mean the building does not receive the promised green rating. This is an additional RERA specification deviation – the promised certification that depended on the solar system is also absent.

Q7. Can the association install a solar system independently if the developer did not?

Yes – the association can commission and install a solar rooftop system independently of the developer’s obligation. The association would fund the installation from the sinking fund or through a special levy, and then claim the cost from the developer through a K-RERA complaint. Installing the system independently and then pursuing the developer for reimbursement is sometimes more practical than waiting for the developer to act – particularly if the developer is unresponsive.

Q8. What is the typical capacity of a solar rooftop system for an apartment building?

A solar rooftop system for an apartment building is typically sized to meet the common area electricity demand – lifts, corridor lighting, water pumps, security cameras and lobby lighting. For a 100-flat apartment building, a system of 10-30 kWp is typical – generating enough electricity during daylight hours to meet most of the common area demand during those hours. The specific capacity specified in the RERA registration is the contractual commitment.

Q9. Does the solar system’s presence increase the flat’s resale value?

A functioning solar rooftop system reduces the association’s common area electricity bills – which translates into lower maintenance charges for flat owners. Lower maintenance charges are a positive for resale buyers. A building with a well-maintained, functioning solar system is more attractive to buyers who value sustainability and lower ongoing costs. The capital value impact varies by the system’s size and the building’s electricity profile.

Q10. How does Legal Brigade check solar system installation during property verification?

Legal Brigade checks the K-RERA registration for any solar system specification, physically inspects the rooftop for solar panels during the site visit, confirms the system’s connection to the building’s electrical supply and asks the association for the system’s recent generation data. Where the system is absent or non-functional, Legal Brigade assesses the RERA specification deviation claim and advises on the K-RERA complaint process and the compensation quantum.

Your Bangalore apartment project’s RERA registration promised a solar rooftop system but possession was given without one? Legal Brigade confirms the RERA specification and files the K-RERA claim for compensation and installation

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