Distributed solar generation has grown rapidly in Brazil, and integrators play a key role in this expansion. However, along with this progress, some legal pitfalls have also emerged that, if not properly managed, can cause serious harm to the end consumer (and headaches for those who designed or installed the system).
One of them is the expansion of photovoltaic systems without prior approval from the distributor. It seems simple or even harmless, but this practice can generate serious penalties, such as disconnection of the unit, loss of tariff benefits, and even the return of compensated amounts.
In this article, we explain clearly:
- What are the risks of expanding a system without notifying the distributor?
- What does current legislation say?
- How the penalty process works;
- And the step-by-step process to safely regularize the situation.
What happens when there is an expansion without approval?
According to the Normative Resolution ANEEL According to Law No. 1.000/2021 and Law No. 14.300/2022, any change in the power output of a distributed generation system must be previously approved by the distributor.
If the distributor identifies an unreported increase in power consumption, it can apply a series of sanctions that directly affect the operation and profitability of the system.
The main penalties include:
- Disconnection of the consumer unit: if the distributor identifies a technical or safety risk, it may cut off the supply immediately.
- Reclassification of the power plant to distributed generation (GD II): this eliminates tariff benefits such as the exemption from the B wire (Fio B), for the entire installed system, including the expansion, considerably increasing the electricity bill.
- Suspension of energy credit compensation: all excess energy generated will no longer be compensated — that is, the consumer injects energy into the grid but receives nothing in return.
- Disregard for injected energy: credits generated from the moment of the irregularity until regularization are simply lost.
- Penalty with billing review: the distributor may recalculate the bill for all affected units and charge the amounts retroactively, adjusted for inflation (IPCA), in up to 36 installments.
There is a procedure, and it must be followed by the distributor.
It is important to highlight that penalties cannot be applied automatically. The distributor must follow a regulatory process that ensures the consumer's right to defense. This process includes formal notifications, deadlines, technical justification, and the right to contest.
This is a crucial point: not every notification necessarily leads to the application of a penalty — provided that the integrator and the client know how to act correctly.
I've been notified, now what? The step-by-step guide to regularizing your situation.
Received a notification for an expansion without approval? See how to act strategically to mitigate the damage:
1. Regularize immediately
You have two options:
- Submit the request for approval of the increased portion;
- Or remove the excess that was installed improperly.
The faster this step is taken, the smaller the impact.
2. Submit a technical counter-notification.
After correcting the irregularity, it is essential to notify the distributor again, informing them that the situation has been resolved. This should be done with technical arguments, nothing generic.
3. Request documentation and verify the basis for the claim.
The distributor is required to provide:
- Detailed calculation of the penalty;
- Technical evidence to support the infraction;
- Legal framework used.
This analysis is essential to identify calculation errors, classification flaws, or the application of undue fines.
4. Follow the process through to the end.
Even after the regularization process, the distributor can still impose the penalty. Therefore, it is essential to monitor the entire process and, if necessary, seek specialized legal support to ensure that all your rights are respected.
A word of caution to integrators: your guidance makes all the difference.
The integrator is often the link between the client and the electrical system. Therefore, it is essential to provide correct guidance on the risks of expansions without approval.
In addition to protecting the consumer, this stance increases the credibility of your service, avoids litigation, and enhances your position in the solar market.
Conclusion
The unauthorized expansion of solar systems is more common than it should be, and the resulting losses can be significant. How? integratoryou have the role of educate, guide and act responsibly.
Having each stage of the plant approved by the distributor is part of the process. Ignoring this can negate all the savings promised to the client and turn a good project into a major problem.
Pay close attention to legal procedures, monitor each notification with technical and legal rigor, and strengthen your position as a trusted solar energy expert.
The opinions and information expressed are the sole responsibility of the author and do not necessarily represent the official position of the author. Canal Solar.
Answers of 6
sir,madam I need work I have TRC card from Portugal,, I have experience 4 year
Thank you! For the guidance, it's a great help for professionals in this field.
So, we've had cases where the platform didn't have the option to EXPAND.
We called the toll-free numbers (general and microgeneration) at the time, and both forwarded an email that they still haven't responded to.
We acted in good faith and sought to act within the law. The email was an automated reply saying: "We will respond shortly."
The customer was notified, and the terms stated that there were infractions related to Mini Generation, but the customers in question are Micro Generation.
With this particular client, as well as others to come, we've already tried phone calls, emails, the portal (they reject everything), and they send the same graph, even from different cities – they literally copy it. They don't present an ART (Technical Responsibility Report), nothing of the sort.
Several calls were made, some of the operators confirmed the legality of the facts, but then it's passed on to other departments, and we haven't received any answers.
On two separate occasions, they said they would go to the site to assess the situation within 10 days, but they never did.
This customer's notification dates from August 2025.
We've already contacted the Ombudsman's office and so far nothing has happened.
PS: A system that had 7 modules (500 kWh average generation) and we added 11 more – and we CHANGED the inverter from 5,0 to 8,5 kW.
We contacted them, called, and sent emails.
And they didn't respond, but they sent the punishment to the customer.
"Brazil" of chaos, corruption and cliques (we had projects rejected, even though they were within the law, and then they were sent and approved – the question is: were there any "financial contributions" involved?)
good afternoon!
Is there any penalty for adding another lithium battery to a certified hybrid design?
This is very important information to clarify for our clients.
Then you can switch to off-grid all at once and send those vermin to hell!