Upstairs neighbor can refuse solar panels for fear of noise and fire risks

A resident in a shared building in Amsterdam has been granted the right to block the installation of solar panels on the communal roof. The dispute arose when the downstairs neighbor attempted to add solar panels, but the upstairs resident, who has lived in the property since 1980, objected due to noise concerns, fire safety fears, and a potential loss of privacy. The upstairs resident also plans to build a roof terrace and noted that access to the roof is currently only possible through her bedroom. The subdistrict court ruled in favor of the upstairs resident, finding that the downstairs neighbor failed to present a concrete plan, lacked a certified installer, and could not guarantee the impact on building insurance. While the court acknowledged the general importance of sustainability and energy improvements, it determined that these factors did not outweigh the resident's right to the undisturbed use of her home. The court did clarify that this decision is not final, allowing for a potential reconsideration if the downstairs neighbor provides a well-substantiated plan that does not negatively affect the upstairs resident's living environment. For now, the upstairs resident must still allow access to the roof for future professional inspections or research regarding the installation.