A homeowner must dismantle the photovoltaic system on his listed building in Goslar. This was decided by the Higher Administrative Court of Lower Saxony (AZ: 1 ME 15/23). In doing so, the Lower Saxony Higher Administrative Court has also overturned the decision of the Braunschweig Administrative Court and upheld the complaint lodged by the town of Goslar against the house owner.
The homeowner had installed a photovoltaic system without the necessary approval, which covered a large part of the roof and was not color-matched. He considered the removal of the system ordered by the city to be disproportionate, as the Lower Saxony Monument Protection Act permits systems for the use of renewable energy on listed buildings. The Braunschweig Administrative Court had initially ruled in his favor. The reason for this was that the installation was possibly eligible for approval, in particular because it did not impair the external appearance of the monument.
However, the 1st Senate of the Higher Administrative Court ruled that the plant was not obviously eligible for approval, particularly as the building is located in the UNESCO-protected old town of Goslar. When granting approval, the interest in renewable energies and the protection of historical monuments had to be weighed up against each other. Photovoltaic systems should take monument protection into account, particularly in terms of location and design. The final decision cannot be contested.
Source: oberverwaltungsgericht.niedersachsen.de/AZ: 1 ME 15/23
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