California Solar Rights Act (Practical Guide)

Important note (read this first)

We are not your attorney. This is educational information and practical “how-to” based on statutes and public agency guidance. For legal advice or litigation strategy, consult a qualified California attorney.

1) HOA protections: Civil Code §714 (the “can’t unreasonably block solar” rule)

California Civil Code §714 is one of the backbone statutes commonly referred to as part of the Solar Rights Act. In plain English: an HOA can regulate how you install, but it generally cannot prohibit solar outright or use “aesthetics” as a disguised ban. :contentReference[oaicite:0]{index=0}

Want deeper reading? California’s Office of Historic Preservation hosts a detailed Solar Rights Act review that summarizes the statute framework and historical context. :contentReference[oaicite:3]{index=3}

2) Streamlined permitting: Gov. Code §65850.5 (plus modern “SolarAPP+” requirements)

Government Code §65850.5 requires cities/counties to use an administrative (non-discretionary) permit approval process for solar energy systems, limiting review to health-and-safety requirements—rather than subjective “discretionary” review. :contentReference[oaicite:4]{index=4}

Permit fees: jurisdictions cannot base solar permit fees on the system’s valuation; fees must track the cost of issuing the permit (see Gov. Code §65850.55). :contentReference[oaicite:7]{index=7}

3) Solar easements: Civil Code §801 / §801.5 (sunlight access by agreement)

California recognizes a “solar easement” as the right of receiving sunlight across a neighbor’s property for a solar energy system. This is primarily an agreement you negotiate and record—useful when long-term shading risk is a real concern. :contentReference[oaicite:8]{index=8}

4) NEM vs Net Billing: what homeowners should know in 2026

Traditional NEM is codified in Public Utilities Code §2827. :contentReference[oaicite:9]{index=9} But for California’s investor-owned utilities, new interconnection applications since April 15, 2023 have generally taken service on the CPUC’s Net Billing Tariff (NBT) (also commonly called the “Solar Billing Plan”). :contentReference[oaicite:10]{index=10}

5) CPUC jurisdiction boundaries: PUC §1759 (why some fights don’t belong in trial court)

Public Utilities Code §1759 limits most courts from reviewing, reversing, or interfering with CPUC orders/decisions, reserving that kind of review to the Court of Appeal / Supreme Court channels in specific ways. :contentReference[oaicite:11]{index=11}

Practical impact: if a dispute is really “about” a CPUC decision (rates, tariffs, interconnection rules, NBT policy), you generally need to follow the CPUC pathway (or the specific appellate review route), not a local trial-court workaround.

6) Filing complaints & building a paper trail (what works)

When a city or HOA creates friction, the fastest path is often documentation + statutory citations + a clean technical compliance submittal. Below are practical templates we’ve seen succeed.

Subject: Notice of Solar Permitting Non-Compliance (Gov. Code §65850.5)

To: [Building Official / Community Development Director]
CC: [City Manager], [City Attorney] (optional)

Hello,

This letter provides notice that the current permitting approach for my solar energy system appears inconsistent with California Government Code §65850.5, which requires administrative (non-discretionary) approval and limits review to applicable health and safety requirements.

Please provide:
1) The specific code section(s) you contend are not met; and
2) A written correction list detailing all deficiencies required for approval.

I request that the permit be processed under the jurisdiction’s expedited/administrative solar permitting pathway consistent with §65850.5.

Sincerely,
[Name]
[Project Address]
[Phone / Email]

Subject: Request for Solar Architectural Approval (Civil Code §714)

To: [HOA Architectural Committee / Board]
Re: [Address / Lot]

Hello,

Please treat this as a formal request for approval to install a solar energy system. California Civil Code §714 limits HOA restrictions on solar installations and prohibits unreasonable restrictions that effectively prevent installation.

Attached: Site plan, array layout, product data sheets, and safety/code compliance documentation.

If the HOA proposes changes, please specify the exact written requirement and explain how it remains consistent with Civil Code §714.

Sincerely,
[Name]
[Address]
[Phone / Email]

7) Public Records Request (CPRA) template: make the process transparent

Under the California Public Records Act, an agency generally must determine within 10 days whether it has disclosable records responsive to your request, and may extend that determination by up to 14 additional days for defined “unusual circumstances.” :contentReference[oaicite:12]{index=12}

Subject: Public Records Act Request – Solar Permitting Compliance Documents

To: [City Clerk / Custodian of Records], [City Name]
Pursuant to the California Public Records Act (Gov. Code §7920.000 et seq.), I request copies of the following:

1) The City’s ordinances / administrative bulletins implementing expedited or administrative permitting for solar energy systems (including any checklists, standard plans, and public-facing guidance).
2) Any published “solar permit checklist” and the date it was last revised.
3) Fee schedule(s) for residential rooftop solar permits and the basis/method used to calculate those fees (for Gov. Code §65850.55 compliance).
4) Records reflecting how the City processes SolarAPP+ (if applicable), including any local intake steps.

Please provide records electronically if available.

Thank you,
[Name]
[Email]
[Phone]
[Mailing Address]

Want ABC Solar to help?

If you’re dealing with HOA pushback, permit delays, or you want a storage-first design that beats TOU, call or email us. We’ll put the engineering and documentation in place so the system is safe, code-compliant, and approvable.