Solar
panels are becoming a more and more common sight on domestic properties. This
presents a challenge to conveyancers when dealing with the sale and purchase of
houses. It is only in recent years that conveyancers are coming across houses
with solar panels and they need to familiarise themselves with the legal
position regarding planning consent – when acting for a buyer, the conveyance
cannot afford to get this wrong or their client may find themselves facing
enforcement action from the local authority once they have moved into their new
home.
So what is
the position regarding Planning Consent?
Generally,
the installation of solar panels is permitted development and no planning
consent is required. There is however conditions that need to be met before the
installation can be considered permitted development -
a) Solar panels
mounted on houses should -
i)
Be installed on that part of the building
that will cause a minimal effect to the external appearance of the building and
should be removed when no longer required.
ii)
Be lower than the highest part of the roof
and project less than 200mm from the roof slope or wall surface.
iii)
Not be installed on a building that is within
the grounds of a listed building.
iv)
Not be installed on a scheduled monument.
v)
Not be installed on a wall facing the
highway, if the property is within a conservation area or in an area of
Outstanding Natural Beauty or a World Heritage Site.
b) Standalone
solar panels should-
i)
Not be higher than 4 metres and must be more
than 5 metres from the boundary of the property
ii)
Not have an array that is more than 9 square
metres or 3 metres in width and depth.
iii)
Not be installed on a wall facing the
highway, if the property is within a conservation area or in an area of
Outstanding Natural Beauty or a World Heritage Site.
iv)
More than the first standalone solar panels –
after the first installation any subsequent solar panels require planning
consent.
Although
planning consent may not be required, the solar panels may require Buildings
Regulations Approval.
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