Are Solar Panels Considered Real Property

Solar panels and green homes are becoming increasingly more common in the marketplace.

Are solar panels considered real property.

Obviously this creates issues when selling a house with solar panels on the roof that belong to someone else. What about solar panels are they considered a fixture or chattel. A typical active solar energy system is considered a fixture and thus real property if it meets the tests outlined above. You understand and agree that this is a lease and not a sale agreement.

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

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 agree that the solar panel system is the company s personal property under the uniform commercial code. Generation facilities must have a capacity of at least 10 megawatts. Issues regarding solar panels have also recently arisen in maine where news reports indicate only two municipalities consider solar panels taxable 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. The exclusion is not applicable to portable active solar energy systems since they are items of personal property. 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. This is because the property won t be considered livable if your solar panels fail and there s no electricity.

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. In nevada one of their renewable energy property tax exemptions allows businesses to apply for a property tax abatement of up to 55 percent for up to 20 years for real and personal property used to generate solar. Generally when something of value is physically added to real property what is.