Solar access rights of property owners in Maltese law : is access to sunlight guaranteed to investors in photovoltaic systems?

Abstract

Notwithstanding the vitality of sunlight to life on Earth, excessive entrapment of solar radiation due to anthropogenic fossil fuel emissions could make our planet uninhabitable. Humanity is increasingly investing in renewable sources of energy, which include solar energy, as an alternative to current sources. The installation and operation of photovoltaic systems, that is the technology that converts sunlight directly into electricity, has emerged as a key aspect of efforts to mitigate climate change both nationally and globally. Malta’s climate offers the greatest opportunity for public, commercial, and private investment in photovoltaic systems. Yet, the country is still not realising its potential, not least because of the reluctance on the part of property owners to invest in and install a rooftop photovoltaic system. This reluctance stems primarily from the fear that the use of neighbouring properties could lead to shading or, in other words, hinder solar access, making the effort and investment made not worthwhile. Therefore, this research looks into whether solar access necessary for the operation of an installed photovoltaic system is protected under Maltese law and through the application of legal norms and principles regulating conflicting exercise and enjoyment of ownership of neighbouring properties. Local solar access disputes are even more complex due to the limited land available for development, hence the necessity of vertical development. The conclusion of this research provides suggestions to balance adequate solar access to a photovoltaic system with the exercise of ownership of neighbouring properties.