Alien Automation Technologies (AAT) is an IT support company that provides 24/7 cloud storage services to its clients. Due to the nature of their business, it’s crucial that AAT is able to provide continuous client support – any connection downtime means they could face penalties as well as reputational damage if they lose clients as a result. 

With continuous power an absolute priority, AAT needed a solar PV with Battery Backup solution to keep their business running, even during periods of heavy load shedding. The company owns their own premises within an office park in Cape Town, and they enquired with their body corporate about the possibility of installing solar across the park. The body corporate responded saying they wanted to install a grid-tied system for the entire complex. Besides the fact that this system would still rely on Eskom power, it was also extremely complicated, meaning it would take time to install at great expense – and every other business in the office park would need to agree to pay for it. 

In the meantime, SSESA were brought in to install a battery backup system on AAT’s premises. The next obvious step was to install the solar PV array so that they could charge their batteries independently of Eskom power as well as save substantial energy costs. The body corporate denied the request for permission to put up solar panels on their own roof. However, what’s key here is that there were no specific rules in the body corporate’s mandate about preventing individual businesses from installing their own solar panels.

At this point, AAT approached legal firm BBM Law for assistance. The law firm was able to produce an injunction to prevent the body corporate from going ahead with their grid-tied system. BBM then issued a court order, signed by the body corporate, that allowed AAT to install their own solar PV array on their unit within the park. SSESA assisted AAT with all the documentation required to legalise the installation of their solar PV array, as well as to ensure that it had approved SSEG status with the City of Cape Town. 

SSESA produced all the documentation, drawings and plans required by the body corporate, together with stringent health and safety measures as well as contractor’s liability insurance. With all this documentation and compliance provided, the body corporate had no reason to prevent AAT from finally moving ahead with their solar PV installation after a substantial waiting period. 

(Postscript: To date the body corporate has still not changed the mandate in the park to allow other units to install solar PV on their own buildings).

If you operate within a business and own your own business, you should be legally entitled to put your own solar panels on your roof – and your body corporate doesn’t need to give you permission to do this. If you’re wanting to install solar on your business premises and wondering what your legal rights are when it comes to your body corporates, BBM Law can assist. Contact us today to start the conversation or to arrange a consultation.