Can a body corporate deny permission to install a small solar panel on common property to power lighting inside a unit?

From the wording of your question, we assume that your scheme is registered as a building format plan where the roof and the outside of the building are common property.

In that case, the body corporate cannot prohibit the installation of solar infrastructure in this area unless:

• it is necessary to preserve the building’s structural integrity; or
• there is insufficient space on the roof or other external surface for the installation of solar infrastructure by each lot owner; or
• in relation to a solar hot water system, it is necessary to prevent noise from piping causing unreasonable interference with a person’s use or enjoyment of the building.

If this is the case and the only reason the body corporate has provided for denying your application is that it is to be on common property, it may be incorrect. Still, there may also be other valid reasons why the application could be denied.

Most typically, the lack of space on common property roofs makes it difficult to assign equal space on the roof to each lot to make the same installations.

As a next step, you may consider approaching the body corporate to seek clarification of its rationale. If it relies on one of the reasons mentioned above, you would need to demonstrate that the reason was incorrect to have the decision overturned.

One thing that many owners making these applications don’t think about is what would happen if the body corporate permitted your installation but then it needed to do some works to the roof underneath the your installed panels. In that case, you would be responsible for the costs of removing and replacing the panels. This can be costly enough to give people pause for thought.

An alternative to having your own solar system installed would be to have the body corporate install one from which all owners could benefit. Perhaps you could volunteer to lead a project to research this on behalf of the scheme.

This article by the Commissioners office provides an excellent outline of all the requirements: Solar infrastructure in community titles schemes.