Are Solar Panels Considered Real Property

David nykanen he is the former chair of the real property law section of the state bar of michigan.

Are solar panels considered real property.

1 utility cost savings 2 risk of repairs to the house caused from having solar panels 3 the limited number of people who can repair the panels and 4. You agree that the solar panel system is the company s personal property under the uniform commercial code. A typical active solar energy system is considered a fixture and thus real property if it meets the tests outlined above. Obviously this creates issues when selling a house with solar panels on the roof that belong to someone else.

Solar panels and green homes are becoming increasingly more common in the marketplace. A mere license or revocable permission to conduct an activity on the property is not generally considered a real property right and is unsuitable for establishing most project site rights. Easements while sometimes mirroring the terms and conditions of a full blown project lease and used for stand alone utility scale solar projects also can. You understand and agree that this is a lease and not a sale agreement.

Generally when something of value is physically added to real property what is. In finalizing the proposed regulations the irs and treasury rejected those comments affirming the view that solar panels generally are active business assets that are not standing alone real property though the final regulations note that the mounts for the solar panels and exit wires may qualify as real property under the facts and. Solar panels also can t be the only source of electricity on the property. If the seller wants to be reimbursed for some of the cost of the panels in the value of the property some appraisers have opined that they would likely consider the following factors.

It would also most likely be the property owner who installs the solar panels rather than the tenant who in any event. All the major mortgage investors including fannie mae freddie mac the fha and the va require the property to have an alternate source of electricity. The company owns the solar panel system for all purposes. The exclusion is not applicable to portable active solar energy systems since they are items of personal property.

Issues regarding solar panels have also recently arisen in maine where news reports indicate only two municipalities consider solar panels taxable property. Determining the value of solar panels is an issue that has many appraisers asking questions. If you ve seen a rise in solar panels in your area consider taking the first step toward competency in the valuation of this energy efficient feature of real estate. This is because the property won t be considered livable if your solar panels fail and there s no electricity.