Awaiting expert review. This page covers rules that vary by utility and jurisdiction. It is kept out of search results until a qualified reviewer has checked it; the sources below are dated so you can verify each point.
Quick answer
Solar Access is the ability to install a solar energy system and keep sunlight reaching it. In law it covers two separate protections: solar access or solar rights laws, which stop homeowner associations and covenants from banning or unreasonably restricting panels, and solar easements, which protect a system from future shading by neighbours.
Both are set by state or local law, not federal law, so what protects you depends entirely on where you live.
Quick facts
The key facts about solar access, with sources:
- Federal solar access law
- None; state and local law decide 1
- Two kinds of protection
- Limits on HOA and covenant restrictions; solar easements against shading
- Typical HOA law
- Bans prohibitions but allows reasonable placement and appearance rules
- Virginia
- Va. Code §55.1-1820.1 (property owners’ associations) and §55.1-1951.1 (condominiums), formerly §67-701 23
- Virginia “unreasonable” test
- A rule that adds more than 5% to cost or cuts output by more than 10% 2
- South Carolina
- Bill H. 4460 proposed; not enacted as of its status page 4
Key takeaways
- Solar access means two things: the right to put panels up, and the right to keep sun on them.
- No federal law covers it. State and local law decide 1.
- Virginia limits HOA solar rules, unless the recorded declaration itself bans solar 2.
- In Virginia, an HOA rule is not “reasonable” if it adds more than 5% to cost or cuts output by more than 10% 2.
- We found no enacted South Carolina law; a 2025 bill is still in committee 4.
- A solar easement against shade only exists if your neighbour signs one.
Two different protections
Solar access laws deal with private rules. A homeowner association declaration, a deed restriction or a neighbourhood covenant might ban rooftop panels or demand they be out of sight.
The Department of Energy notes that many states have enacted solar access laws that prevent HOAs from prohibiting or unreasonably restricting solar, and that these laws vary by state.
Solar easements deal with shade. A neighbour's new addition or tree can cut a system's output for decades.
An easement is a written, recorded agreement in which a neighbour promises not to block sunlight across a defined slice of airspace.
Where a state statute mentions solar easements, it usually just confirms they can be created voluntarily; it rarely gives anyone a right to sunlight.
Sources: [1]
The layers that decide whether you can go solar
- State law → may limit what an HOA or covenant can ban
- Your deed and HOA declaration → may still restrict, within that law
- HOA architectural review → approves placement and look
- Local permit → approves safety and code
- Neighbours’ land → can shade you, unless an easement or local rule says otherwise
How a solar access law works in practice
Most solar access laws work the same way. They stop a private rule from banning panels. They still let the HOA set “reasonable” rules on size, place and manner. The fight is usually over what “reasonable” means.
Virginia gives a number. Under Va. Code §55.1-1820.1, an HOA restriction is “deemed not to be reasonable” if, for a given proposal, it raises installation cost by 5% or cuts expected output by 10% 2.
The owner must back that up with documents from an independent solar design specialist who is NABCEP-certified and licensed in Virginia.
Common areas are different. In Virginia, the association may ban or restrict panels on common elements it controls 2. Many states draw the same line.
Sources: [2]
Types of solar access protection
| Type | What it does | Where it comes from |
|---|---|---|
| HOA and covenant limits | Bars or limits private bans on panels | State statute |
| Solar easement | A neighbour agrees not to block sun to your array | Private agreement, recorded with the deed |
| Local solar access ordinance | Limits new shading by buildings or trees | City or county code, where adopted |
| Disclosure rule | Buyers are told about solar limits | State statute; Virginia requires it in resale certificates 2 |
Example: applying Virginia’s 10% output test
An illustration with round numbers. A homeowner in a Virginia property owners’ association proposes a south-facing array. The HOA asks for a less visible placement. The rule is in Va. Code §55.1-1820.1(C) 2.
| Step | Math | Result |
|---|---|---|
| Projected output, original design | From the designer’s model | 10,000 kWh a year |
| Projected output, HOA placement | From the same model | 8,800 kWh a year |
| Drop in output | (10,000 − 8,800) ÷ 10,000 | 12% |
| Compare with the statute | 12% is more than 10% | The restriction is deemed not reasonable for this proposal |
The owner still needs documents from a NABCEP-certified, Virginia-licensed solar design specialist that satisfy the HOA. And none of this applies if the recorded declaration itself bans solar. Our shade and output guide explains how placement changes production.
Where solar access rules show up
- Your HOA declaration and architectural guidelines.
- Your deed or a recorded covenant on the lot.
- In Virginia, the resale certificate a seller’s association gives a buyer, which must state any solar restriction 2.
- Your city or county zoning code, for ground mounts and historic districts.
- A recorded solar easement in the land records, if one was ever signed.
What solar access laws do and do not do
Benefits
- Stop blanket bans on panels in many states.
- Give a test for “reasonable” rules in some states, such as Virginia.
- Make solar limits visible to buyers before they purchase, where disclosure is required.
Limitations
- No federal backstop; protection depends on your state.
- HOAs can still require review and set placement and look rules.
- Common areas, such as shared condo roofs, are often excluded.
- Rarely protect you from a neighbour’s shade.
The big gaps
First, a declaration exception. Virginia’s law protects owners “unless the recorded declaration … establishes such a prohibition” 2. So in a community whose recorded declaration bans solar, the statute does not override it. Read the declaration, not just the HOA’s rules.
Second, shade. Few laws give a right to sunlight. If a neighbour builds or a tree grows, you usually need a signed easement or a local ordinance to object.
Third, shared roofs. Condos and townhomes with a shared roof often fall under common-area rules. See solar on a condo or shared roof.
How HOA rules can change your cost
HOA rules can raise cost in two ways. They can force a more expensive layout, such as extra racking or hidden conduit. They can also push panels to a worse roof face, which cuts output and lengthens payback.
Virginia measures both. A restriction that adds more than 5% to the projected installation cost, or cuts output more than 10%, is not reasonable under §55.1-1820.1 2. Elsewhere, ask your installer to price and model both layouts so you can see the gap.
For installed prices in general, see our solar cost guide. Lost output feeds straight into your payback period.
How to check your own position
- Read your HOA declaration and architectural guidelines for any solar clause.
- Look up your state's statute, and note its effective date and what restrictions it allows.
- Ask your installer for a layout that meets both the HOA rules and the roof's best orientation.
- Get written HOA approval before signing the installation contract, or make the contract conditional on it.
- If a neighbour's future building could shade the array, ask a real estate attorney about a recorded easement.
Keeping your access over time
- Keep the HOA approval letter with your home records. A future board may ask.
- Trim your own trees that start to shade the array. A site assessment shows which ones matter.
- Watch for neighbour building plans that could shade you, and talk early.
- If you replace or add panels, check whether the HOA wants a new review.
Warning signs, and when to get a lawyer
- A seller says “HOAs can’t stop solar here” without naming the statute.
- Installation starts before written HOA approval.
- Your HOA demands a placement that cuts output sharply. In Virginia, the 10% test may help.
- A neighbour plans a building that would shade your array. Talk to a real estate attorney about an easement before it is built.
- Your HOA fines you after approval. Get legal advice; this page is not legal advice.
The laws, by jurisdiction
Federal: none. DOE notes the laws vary by state 1.
Virginia: the rule once at Va. Code §67-701 now sits in Title 55.1. Section 55.1-1820.1 covers property owners’ associations 2. Section 55.1-1951.1 covers condominium unit owners’ associations with the same wording 3.
Both cite 2006 Acts c. 939 (§§67-700, 67-701) in their history, with amendments through 2023 cc. 387 and 388. We read both on the Virginia Legislative Information System on 8 October 2026.
South Carolina: H. 4460 (2025–26 session) would add SC Code §27-1-65. It would bar covenants and HOA documents from prohibiting a solar system that cannot be seen from the street or a common area, while allowing reasonable design rules.
It was introduced and referred to the House Labor, Commerce and Industry Committee on 30 April 2025, with no later action shown 4.
Georgia: Georgia’s solar easement statute is O.C.G.A. §44-9-20 and the sections after it. We could not load the official text on 8 October 2026, so we do not summarise its terms.
Solar access law vs solar easement vs permit
| Solar access law | Solar easement | Solar permit | |
|---|---|---|---|
| Protects against | HOA or covenant bans and costly restrictions | Future shading from a neighbour's property | Unsafe installation |
| Created by | State statute (or local ordinance) | A private agreement, written and recorded | Local building department |
| Automatic? | Yes, where the statute exists | No; both owners must agree | No; installer applies |
| What you still have to do | Submit to HOA architectural review | Negotiate, then record it with the deed | Pass inspection |
Common misconceptions
- Myth There is a federal right to solar.
- Reality No. State and local law decide 1.
- Myth A solar access law means my HOA has no say.
- Reality HOAs can usually still review and set reasonable rules.
- Myth My neighbour cannot shade my panels.
- Reality Usually they can, unless you have a signed easement or a local rule.
- Myth Virginia’s law beats any HOA ban.
- Reality Not if the recorded declaration itself prohibits solar 2.
South Carolina, Georgia and Virginia
South Carolina: we found no enacted statute limiting HOA solar restrictions; a 2015 survey prepared for the General Assembly's Study Committee on Homeowners Associations listed only the state's solar tax credits under South Carolina 5.
House Bill 4460 (2025–26 session) would add SC Code §27-1-65; it was introduced on 30 April 2025 and referred to the Labor, Commerce and Industry Committee, and has not passed either chamber as of its status page, read 8 October 2026 4.
Virginia: Va. Code §§55.1-1820.1 and 55.1-1951.1 apply, as set out above 2 3. Georgia: the solar easement statute is O.C.G.A. §44-9-20 et seq.; we could not load the official text, so check it with a Georgia attorney.
When solar access matters to you
It matters if you live in an HOA, a condo or a townhome, or if your roof sits close to a neighbour’s trees or lot. It matters less on a detached house with no HOA and open sky.
Rule of thumb: get HOA approval in writing before you sign an installation contract, or make the contract depend on it.
Next step: if your roof is not an option, compare community solar and rooftop solar. If it is, see solar on townhomes for shared-wall issues.
Questions about solar access
Can my HOA stop me from installing solar panels?
It depends on your state and your documents. In states with a solar access law, an HOA generally cannot ban panels outright but can set reasonable rules on placement and appearance.
In Virginia, a ban in the recorded declaration still stands. In states without a law, the HOA documents control. Read them before signing a contract.
Does South Carolina have a solar access law?
We found no enacted one. Bill H. 4460 in the 2025–26 session would protect systems not visible from the street or common areas. It was referred to the House Labor, Commerce and Industry Committee on 30 April 2025 and had not passed either chamber as of its status page.
What is Virginia’s solar access law?
Virginia Code §55.1-1820.1 covers property owners’ associations, and §55.1-1951.1 covers condominiums. They were formerly at §67-701. An association cannot ban solar on an owner’s property unless the recorded declaration does. It may set reasonable rules, and a rule that adds over 5% to cost or cuts output over 10% is not reasonable.
What is a solar easement?
A solar easement is a recorded agreement in which a neighbour agrees not to block sunlight to your system across a defined area. It exists only if both owners sign it. It is recorded with the deed, so it can bind future owners of the neighbour’s land. A real estate attorney should draft it.
Is there a federal law protecting solar access?
No. Solar access is set by state and local law. The US Department of Energy notes that many states have solar access laws and that they vary by state. Check your state statute and your local code.
Can a neighbour's tree legally shade my panels?
Usually yes, unless a solar easement, local ordinance or state law says otherwise. Few laws give a right to sunlight. Talk to your neighbour first. Ask a local real estate attorney before relying on any protection or cutting a tree that is not yours.
Can my HOA ban solar on a shared condo roof?
Often yes. Many laws, including Virginia’s, let an association ban or restrict solar on common elements or common areas. A shared roof is usually a common element. Ask your board about a group project or consider community solar.
What does “reasonable restriction” mean for HOA solar rules?
It depends on the state. Virginia defines it: a rule is not reasonable if it raises installation cost by 5% or cuts output by 10% for a given proposal. The owner must show that with documents from a NABCEP-certified, Virginia-licensed solar design specialist. Other states use different tests or none.
Does Georgia protect solar access?
Georgia has a solar easement statute at O.C.G.A. §44-9-20 and the sections after it. We could not load the official text when we wrote this, so we do not describe its terms. Ask a Georgia real estate attorney, and check your HOA documents.
Sources
- US DOE Solar Energy Technologies Office, Homeowner's Guide to Going Solar, retrieved .
- Code of Virginia §55.1-1820.1, Installation of solar energy collection devices (Property Owners’ Association Act; formerly §67-701), retrieved .
- Code of Virginia §55.1-1951.1, Installation of solar energy collection devices (Condominium Act), retrieved .
- South Carolina General Assembly, H. 4460 (2025–2026 session), proposed SC Code §27-1-65, retrieved .
- SC General Assembly, Study Committee on Homeowners Associations, "Solar Energy Panels and Systems" (meeting of 29 September 2015), retrieved .
Expert review
Written by the HyreSolar Research team. Not yet reviewed by an outside expert. We say so rather than imply a review that has not happened; see our editorial policy.
How the numbers were checked: The national framing is DOE's. Va. Code §67-701 no longer resolves on LIS; its text now sits at §§55.1-1820.1 and 55.1-1951.1, whose history notes cite §§67-700 and 67-701; both were read on LIS on 8 October 2026.
The South Carolina bill text and status were read on the General Assembly site the same day.
O.C.G.A. §44-9-20 could not be loaded from an official or free public source (Justia and the Lexis-hosted official code blocked automated access), so its terms are deliberately not stated. Not legal advice. Held for qualified review before indexing (G-REV).
Suggest a correction. We fix errors and say what changed.