Thursday, 11 July 2013

Solar Panels - Do they require planning consent?


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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