Leased rooftops – a space for the construction of solar power plants by power producers?

11.03.2024.

Excluding prosumers, in practice, we have not encountered significant projects developed by power producers for the construction of solar power plants on the free space of rooftops of buildings, industrial plants, warehouses, shopping centers, and other facilities.

It is possible to imagine a situation where the owners of buildings are unable to or are not interested in producing electricity from renewable sources. On the other hand, there is great interest from investors in this area, who are mostly focused on considering the construction of solar power plants on agricultural land.

Considerations of newer models of the development of this economic activity have begun to appear in practice, namely the consideration of leasing free rooftops for the construction of solar power plants and the production of electricity from renewable sources. This appears to be an interesting and very useful business model considering that it would reduce the occupation of agricultural and forest land, which is certainly an important component for our country.

The key issue is whether an investor in the construction of a solar power plant as a future power producer from renewable sources can be a lessee of someone else’s rooftop. In other words, it is required that the owner of the building on whose rooftop a solar power plant would be built must also be a power producer.

Reviewing and understanding the current framework, one can conclude that this way of regulating relationships is not prohibited. However, the question arises as to whether the contract for the lease of a rooftop would be considered an appropriate basis in terms of obtaining a building permit. The existing legal solutions primarily focus on the ownership or lease of land or buildings. However, new technology and solutions bring with them the need for a new way of arranging certain relationships that would enable the further development of the use of renewable energy sources, as a priority not only here but in the world.

We do not see any impediment to accepting the rooftop lease agreement concluded between the owner of the building who does not wish to be a power producer as a lessor and the investor of the construction of a solar power plant as a future power producer as a lessee, as a basis for a valid arrangement of relations suitable for the obtaining of a building permit by the lessee, i.e the future power producer from a renewable source.

This will ultimately be left to the consideration and final decision of each competent authority responsible for the issuing of building permits.

For more information, contact us at selma.mujezinovic@ksel.rs and andreja.vrazalic@ksel.rs

More news

5 things every employer needs to know about the new Information Security Law

Cyber attacks, ransomware incidents, data leaks and email fraud are no longer problems reserved only for large corporations. The increasing digitalization of business has led to information security becoming one of the key risk management issues in every organization.

This is precisely why the new Information Security Act was passed, which significantly expands the obligations of companies and brings the domestic regulatory framework closer to European standards, and above all with the European NIS2 Directive, which sets a higher level of obligations in the field of cybersecurity.

Below, we highlight five of the most important things that every employer should know.

Key novelties of the Law of the Central Register of Ultimate Beneficial Owners

In March 2025, the National Assembly of the Republic of Serbia adopted a new Law on the Central Register of Ultimate Beneficial Owners, the provisions of which will mostly come into effect on September 14, 2026. This law aims to increase business transparency and prevent abuses in the financial sector, particularly in the areas of anti-money laundering and counter-terrorism financing.

The Law on Safety and Health at Work: Key Changes and Obligations of Employers

The Republic of Serbia has adopted a new Law on Occupational Safety and Health (hereinafter: the Law), which came into force on May 7, 2023. Employers are required to fully harmonize their operations with the new regulations by May 7, 2025, or by January 1, 2026, at the latest.

This law introduces significant changes aimed at improving worker protection and aligning with European standards. Non-compliance may lead to serious consequences, including substantial financial penalties.