Solar law – Your rights in case of problems with photovoltaic systems
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What owners of solar power systems should know about defects, reduced yield, financing and supplier insolvency
Is your photovoltaic system producing too little electricity, exhibiting technical defects, or is the supplier insolvent? Depending on your contract, you may be entitled to repairs, a price reduction, compensation, or a refund. Rogert & Ulbrich will review your contract, the seller's promises, and the actual performance of your system. We enforce your claims nationwide.
Our areas of expertise
Solar system yields too little output
Is your solar system generating significantly less electricity than promised, or are the savings falling far short of your calculations? Then you may have rights regarding defects or claims for damages due to incorrect advice.
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3Solar law: When the photovoltaic system doesn't deliver on its promises
Hundreds of thousands of households have purchased solar power systems in recent years. Many systems were sold through sales representatives, online portals, or distribution partners, often with yield forecasts, promises of savings, and short payback periods. In practice, however, it frequently turns out that the system produces less electricity than calculated, components fail, or the supplier becomes unreachable.
Solar law is not a separate legal code. It combines several areas of law: the German Civil Code's (BGB) sales law and contract law, consumer law with its right of withdrawal, energy law with the Renewable Energy Sources Act (EEG) and the Solar Peak Act, insolvency law, and consumer finance law. Which rules apply depends on how your contract is structured and what exactly went wrong.
The planned reform of the Renewable Energy Sources Act (EEG) is adding further pressure. According to the government draft, which is currently going through the parliamentary process, the fixed feed-in tariff for new installations will be abolished from January 1, 2027. Many providers are therefore advertising with tight deadlines. Anyone signing under time pressure should have the offer and profitability calculations reviewed particularly carefully.
Is your investment falling short of expectations? Have it checked to see if you have to accept this.
We will take care of your case – quickly & with commitment.
Purchase agreement or contract for work and services: Why the type of contract determines your rights
Whether you have concluded a purchase agreement with installation obligations or a works contract is the crucial distinction in solar law. The decisive factor is not the contract's title, but the focus of the service. If the delivery of components is the primary focus, purchase law generally applies. If the supplier is responsible for planning and constructing a fully functional system, including modifications to the building, a works contract is more likely.
This distinction has significant consequences for the statute of limitations. The Federal Court of Justice (BGH) has ruled that a rooftop system permanently attached to the building, requiring alterations to the building structure, can be considered work on a building. In such cases, claims for defects only expire five years after acceptance (§ 634a para. 1 no. 2 of the German Civil Code (BGB)). However, for the mere purchase of components, the BGH has applied a two-year limitation period (§ 438 para. 1 no. 3 BGB). Which limitation period applies to you always depends on the individual circumstances.
First, you can demand subsequent performance: The supplier must remedy the defect or deliver defect-free components (§ 439 BGB, § 635 BGB). If subsequent performance fails or is refused, you can reduce the price (§ 441 BGB, § 638 BGB) or, in the case of significant defects, withdraw from the contract (§ 323 BGB). In addition, you may be entitled to damages, for example, for lost electricity revenue, expert fees, or consequential damage to the roof (§§ 280, 281 BGB). In the case of a contract for work and services, you may also have the defect remedied yourself after the unsuccessful expiry of the deadline and claim the costs (§ 637 BGB).
The type of contract determines how much time you have. Have your contract reviewed before deadlines expire.
Our services in solar law
We represent owners of photovoltaic systems in all typical conflict situations. The following key areas show where we focus our efforts:
solar system defective
Defective modules, a failing inverter, a storage system without the promised capacity, or installation errors on the roof: We examine whether a legally defined defect exists and enforce subsequent performance, price reduction, damages, or contract cancellation. Further information about your rights in such a case defective solar system You can find them here.
Insufficient yield and incorrect profitability calculation
If the electricity yield consistently falls short of the forecast, or if the calculation of self-consumption, savings, and amortization doesn't add up, there may be a defect or an error in the advice given. Further information about your rights in such cases is available upon request. Solar system yields insufficient output You can find it here.
Solar company insolvent
If the supplier goes bankrupt, your claims are not automatically lost. We register claims with the insolvency administrator and check whether manufacturers, guarantors, financiers, or intermediaries are liable. Further information on the procedure if your Solar company insolvent It is, you can find it here.
Financed solar system
Many investments are financed through a loan arranged by the provider. In the case of linked contracts, you can also raise objections against the seller with the bank. For questions regarding loan agreements, our team is also available to assist you. banking law to the side.
Not sure which category applies to your case? Describe your situation to us, and we'll assess it from a legal perspective.
Typical problems with photovoltaic systems
In our practice, we repeatedly encounter the same case scenarios:
- Reduced yield: The plant has been generating significantly less electricity than predicted for months, although the weather offers no explanation.
- Defective modules: Hotspots, microcracks, or power losses cause modules to fall short of their promised performance.
- Inverters and storage systems: The inverter shuts down or the battery storage does not reach the agreed capacity.
- Components other than agreed upon: Instead of the advertised brand-name products, cheaper or less powerful components were used.
- Assembly errors: Faulty fastening or roof penetrations cause leaks and consequential damage to the building.
- Unrealistic calculation: Self-consumption rates, electricity price increases, and feed-in revenues were overly optimistic.
If consequential damage occurs to the roof, both the contractor and the building insurance company may be affected. You can read about how we can support you in dealing with the insurer on our page about... Building insurance.
Do you recognize your problem? Document the situation now and have your claims reviewed.
Financing, cancellation and warranty: Further starting points
Besides the rights relating to defects, there are other avenues that are often overlooked. If the investment was financed through a loan arranged by the seller, a linked contract often exists. In this case, you can also raise objections arising from the purchase agreement with the bank (§ 359 German Civil Code). Furthermore, a valid cancellation of the purchase agreement can extend to the loan agreement (§ 358 German Civil Code).
If you concluded the contract at your doorstep, at a trade fair outside of fixed business premises, or exclusively online, you may have a right of withdrawal. The withdrawal period is generally 14 days (§ 355 German Civil Code). If you were not properly informed of your rights, this period is extended to up to twelve months and 14 days (§ 356 para. 3 German Civil Code). Whether a right of withdrawal exists depends on the specific terms of the contract and must be examined on a case-by-case basis.
Regardless of the statutory warranty, many manufacturers offer product and performance guarantees on modules, inverters, and storage systems. These guarantees exist independently of your rights against the seller (§ 443 BGB). They become particularly important in the event of the supplier's insolvency.
Did you sign the contract at your doorstep or finance it through the provider? Check now whether you have the right to withdraw from the contract or raise objections.
Here's how to proceed correctly if you have problems with your solar system
Taking the right first steps will significantly improve your position. Keep all contracts, offers, yield forecasts, data sheets, invoices, payment receipts, and financing documents in their entirety. Regularly export data from your monitoring system or record meter readings with the date. Report any defects to the supplier in writing, describing them precisely and setting a reasonable deadline for their rectification.
Do not allow third parties to repair the system without a legal review, as this will make it more difficult to prove the original defect. You should also avoid hastily signing any goodwill offers or settlements, as doing so could waive further claims. Furthermore, keep the statute of limitations in mind: negotiations only suspend it as long as they are actually ongoing (§ 203 BGB).
Every month without an audit costs revenue and can shorten deadlines. Act while your claims are still enforceable.
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FAQs – Frequently Asked Questions about Solar Law
Rogert & Ulbrich – Your lawyers in solar law
Rogert & Ulbrich is a nationwide law firm specializing in the enforcement of consumer economic claims. The lawyers Dr. Marco Rogert and Tobias Ulbrich With their team, they have handled over 40,000 cases and filed more than 25,000 lawsuits. In solar law, they combine experience in sales and works contracts with an understanding of technical contexts and the sales practices of the solar industry.
We review your contract, offer, profit forecast, invoices, financing documents, and all previous correspondence. We pursue your claims against the seller, installer, manufacturer, financier, or insolvency administrator out of court. If necessary, we conduct independent evidence proceedings and file lawsuits. The entire process, from initial engagement to all correspondence, is fully digital; your online file is accessible at any time.
Is your photovoltaic system not delivering the promised performance, is it defective, or is the supplier insolvent? Get in touch and protect your rights.
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We offer you professional and comprehensive initial advice in the area of inheritance law. Take your chance and avoid mistakes.
