Given the enhanced awareness of environmental issues and the energy crisis, it is hardly surprising that research trends show an increase in solar panel installation in recent years. When considering whether to install solar panels on your house roof or in your garden, two questions may spring to mind: ‘Do I require planning permission?’ and ‘Do Building Regulations affect my ability to install solar panels?’.
Is planning permission required?
The short answer is no (but note the important conditions that follow). This is because legislation states that solar panel installation is classed as a ‘permitted development’ and therefore planning permission is generally not required. However, for this to apply, certain conditions need to not be breached.
Roof mounted solar panels are NOT classed as a permitted development in the following circumstances:
o The solar panels protrude more than 200mm above the roof line;
o The solar panels are higher than the highest part of your roof (excluding chimneys);
o If your house is within a conservation site (an area of special historic/architectural interest, of which it is desirable to preserve its character) or World Heritage Site (a site forming part of the cultural and natural heritage, in which the World Heritage Committee considers it to have significant universal value), the solar panels are installed on your roof where they front the highway;
o The solar panels are installed on a site designated as a scheduled monument; or
o If your house is a listed building. This is because you require listed building consent.
Whilst solar panels need to be exposed to the most sunlight as possible to maximise their effectiveness, the solar panels need to be installed as to minimise the effect on the house’s amenity and external appearance, and they need to be removed when they are no longer needed.
You may be thinking, ‘how do I minimise the visual effect of my solar panels?’. This can be achieved by, for example, running cables in a way that reduces their visibility, and by placing the solar panels evenly spaced apart.
Ground mounted solar panels are NOT classed as a permitted development in the following circumstances:
o The solar panels exceed 4 metres in height;
o The solar panels are installed less than 5 metres from the property boundary;
o The surface of the solar panels is larger than 9 square metres; or
o If your house is classed to be within a conservation area or World Heritage Site, the solar panel faces the highway.
Considerations for planning permission:
If you are in doubt whether you may be able to comply with the conditions above, you can apply for pre-application planning advice or a Certificate of Lawful Proposed Development.
Most local authorities have their own guidance regarding the installation of solar panels, and this means that an Article 4 direction can be made to limit permitted developments in your local area. These generally apply to conservation areas, but you will need to check whether your local authority has made any Article 4 directions in your local area. Therefore, if an Article 4 direction does apply in your local area, you will have to apply for planning permission.
It is important at this point to note that if you are leasing a property, you may require permission from your landlord before you install solar panels.
Do Building Regulations affect my ability to install solar panels?
Yes! However, whilst this may seem an added frustration, Building Regulations are actually in place for your safety and protection; nobody wants to be watching TV and suddenly their roof mounted solar panel crashes down into their lounge!
General Building Regulations apply but the most notable relate to the structure of your house (e.g. roof’s ability to support the solar panels) and whether the electrical installation is safe.
Structure:
The ability of your roof to support the solar panels will need to be checked to ensure, for example, it is strong enough to hold the weight of the panels. The following factors may be potential considerations in determining whether the structural part of the Building Regulations is satisfied:
o The depth of wall chases
o The strength of the roof
o The size of the holes that cables run through
o The use of certified materials
Electrical safety
When considering your houses ability to meet the Building Regulations for electrical safety, the following may be factors to consider:
o Labelling and warning signs
o The selection of protective devices (e.g. isolators)
o Test certificates
o The sizing and positioning of the cables
Do I have to notify the local authority?
There appears to be confusion whether solar panel installation needs to be notified and this is understandable, considering different local authorities will have different preferences.
Generally, nearly all electrical work is notifiable. Notification can be affected by your installer if they are recognised as a ‘competent person’ under the ‘competent person scheme’. However, if your installer is not recognised as a ‘competent person’, then you will have to inform the local authority before you install your solar panels by filing a building notice.
Therefore, it is a good idea to research (before installation) whether your installer will be recognised as a ‘competent person’ and whether they will notify the local authority on your behalf.
Consequences of non-compliance
If you fail to comply with Building Regulations or planning permission rules, you may be required to remove the solar panels, it may affect your insurance coverage, and it may affect your property valuation when you sell your house. All of these potential consequences may mean you might incur unnecessary costs.
What should I do?
This blog has provided you with initial information as to whether you will need planning permission or to comply with Building Regulations when installing solar panels on your house or property, so you should research what rules apply in your local area before considering whether or not you want to install solar panels.
PardoesSolicitors