Purchase contract

Photovoltaic system and heat pump in a house purchase

Ownership, maintenance, feed in and subsidy issues buyers should review for PV systems and heat pumps.

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7 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt

Photovoltaic systems, battery storage and heat pumps often influence a house purchase. Legally, it is not always clear whether everything belongs to the seller, is sold with the house and can be used without third party contracts.

Buyers should review ownership, accessories, maintenance contracts, leasing models, feed in contracts and subsidy obligations before signing. Otherwise the technology may appear more valuable in the listing than in the contract.

The purchase contract should identify the installations, hand over documents and regulate who bears open obligations or warranty risks.

Quick check

Are energy installations clearly regulated?

Check ownership, documents and contract ties.

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01 Question 1

Are the documents for this point complete?

Without documents on photovoltaic system, heat pump and battery storage, the purchase contract cannot be reviewed reliably.

All paths at a glance

Overview of all answers.

The technical and contractual documents are not complete yet.

First request the missing documents and compare them with the land register, draft contract and financing. Without documents, the legal and economic impact remains open.

The basis is available, but the contract should be reviewed carefully.

Once the documents are available, the decisive point is the actual clause. Review maturity, warranties, conditions, retentions and consequences of delay together.

Ownership and contract assumption are not regulated sufficiently yet.

If the point remains open, the draft should be supplemented before signing. Depending on the matter, a condition, warranty, retention, evidence obligation or withdrawal rule may be appropriate.

All recommendations at a glance

The technical and contractual documents are not complete yet.

First request the missing documents and compare them with the land register, draft contract and financing. Without documents, the legal and economic impact remains open.

The basis is available, but the contract should be reviewed carefully.

Once the documents are available, the decisive point is the actual clause. Review maturity, warranties, conditions, retentions and consequences of delay together.

Ownership and contract assumption are not regulated sufficiently yet.

If the point remains open, the draft should be supplemented before signing. Depending on the matter, a condition, warranty, retention, evidence obligation or withdrawal rule may be appropriate.

Separate ownership, accessories and installations sold

Not every installation on the roof automatically belongs to the seller free of third party rights. Leasing, contracting or service contracts may give rights to another party. Buyers should request invoices, proof of ownership and contract documents.

The purchase contract should say which components are sold with the house. These include modules, inverter, battery, heat pump, control system, cabling and documentation.

This resembles other accessory issues in a purchase. See the post on accessories in the purchase contract.

Review maintenance, feed in and subsidies

Maintenance contracts, extended warranties and feed in agreements may be economically important. The buyer must know whether they can be transferred or have to be concluded anew.

Subsidies should not be assumed as a simple benefit. The actual subsidy conditions and seller documents are decisive. Open clawback risks or obligations belong into the contract.

Review points

Points on energy installations that belong in the contract

These points should be clarified before payment and signing.

PV and heat pump in a house purchase
Review point	Contract clause	Risk if missing
Ownership Request evidence	Name installations sold	Third party rights remain open
Contracts Check transferability	Regulate assumption	Ongoing costs unclear
Handover Record meters and access	Add to protocol	Practical use fails

Practice point: Modern energy technology is a purchase argument only if ownership, contracts and documents match.

Connect energy certificate and technical file

The energy certificate does not replace a technical review. It can indicate whether the building energy description matches the installations. Commissioning records, inspection reports, invoices and manuals should also be available.

Read more on seller documents in energy certificate and seller obligations.

Regulate warranty and handover concretely

The contract should state the condition in which the installations are handed over and which defects are known. If defects remain open, a purchase price retention may be useful.

The handover protocol should record meter readings, access data, keys, app accounts and documents.

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