Solar Rights (Virginia)

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place	Virginia
Name	Solar Rights
Incentive Type	Solar/Wind Access Policy
Applicable Sector	Low-Income Residential, Multi-Family Residential, Residential
Eligible Technologies	Passive Solar Space Heat, Photovoltaics, Solar Pool Heating, Solar Water Heat
Active Incentive	Yes
Implementing Sector	State/Territory
Energy Category	Renewable Energy Incentive Programs
Date added to DSIRE	2008-05-28
Last DSIRE Review	2013-06-06
Last Substantive Modification to Summary by DSIRE	2013-06-06
References	DSIRE

Summary

According to state law, effective July 1, 2008, community associations in Virginia generally may not prohibit a homeowner from installing or using a solar energy collection device on their property. A community association may, however, establish reasonable restrictions concerning the size, place, manner of placement of individual solar devices or restrict the installation of solar devices on common areas within the development served by the community association. This law does not affect covenants that were in effect prior to July 1, 2008.

In the context of this law, a solar energy device is a system "manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus."

In 2013, HB 2305 was passed and requires the resale certificate required under the Virginia Condominium Act and the disclosure packet under the Virginia Property Owners' Association Act to contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on his property. In addition, the bill adds to the seller's representation to a prospective purchaser of residential property under the Virginia Residential Property Disclosure Act that the seller makes no representations with respect to right to install or use solar energy collection devices on the property.

Incentive Contact

Contact Name	Ken Jurman
Department	Virginia Department of Mines, Minerals, and Energy
Division	Virginia Division of Energy
Address	Washington Building
Address 2	1100 Bank Street, 8th floor
Place	Richmond, Virginia
Zip/Postal Code	23219-3638
Phone	(804) 692-3222
Email	ken.jurman@dmme.virginia.gov
Website	http://www.dmme.virginia.gov

Authorities (Please contact the if there are any file problems.)

Authority 1:	Va. Code § 67-700 et seq.
Date Effective	7/1/2008 (subsequently amended)

Authority 2:	Virginia H.B. 2305
Date Enacted	2013-03-14

• Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.