Solar rights and Maltese legislation

Abstract

As part of its 2020 Targets, Malta has been tasked by the European Union to reach a share of 10% with regard to its ratio of energy produced through renewable sources of energy. This has resulted in a proliferation of photovoltaic cells and solar water heaters on rooftops. Such investment has been rendered possible through generous Government assistance in the form of advantageous feed-in tariffs, which schemes have proven to be considerably popular with private consumers. Nonetheless, this increase in solar energy systems has not been complemented by the implementation of legislation aimed at protecting investment by private persons, with the risk of development in adjacent tenements and high rise buildings threatening such solar energy systems through shading, which could be of such an extent as to render the solar energy system affected economically unsustainable. This paper shall analyse Maltese legislation and international legislation alike in an attempt to provide solutions as to this issue and ensure that solar rights are made available to all.