Solar Panels & Conveyancing - Avoid the Potential Pitfalls

Introduction

Conveyancing involves investigation - and not only of title.

Increasingly your responsibility enlarges into areas unknown just a generation ago of which a prime example is the growth of solar panels. For the environmentalist this is purely beneficial but for the conveyancer the subject opens up numerous traps for the unwary which can lead to loss by your client and action by a lender.

The problems can arise for the domestic house transaction or for commercial/residential tenanted blocks.

Are the solar panels owned outright by the seller or is there a lease - if so how will this affect the buyer and will it be acceptable to the lender. Is the valuation and marketability of the property affected? Plus a minefield of statutory regulation.

What You Will Learn

This live and interactive session will cover the following:

• The Impact of Solar Panels on EPC and MEES Compliance (Minimum Energy Efficiency Standards)
• The Legal and Practical Considerations of Battery Storage
• Climate due diligence, Solar Panels and Environmental Risk Reports
• Roof Access and Maintenance Rights - possible disputes
• Strategy and considerations on Buying Out the Lease
• The risk of Misrepresentation claims
• Considerations for Private Housing and Commercial Tenanted Blocks - sample clauses
• What will a Block Landlord need to consider.
• Practical problems - Pigeons, Warranties
• Freehold or Leasehold and Leasehold Maisonettes
• Quashing planning permission which failed to consider the impact of the development on the effectiveness of a neighbour’s
solar panel McLennan, R (on the application of) v Medway Council & Anor [2019]
• Planning Appeal on benefit versus detriment of solar farm Line v Mid Devon District Council [2015]
• UK Finance: “Technologies Installed on Residential Properties”
• UK Finance guidance and minimum requirements regarding leases of roof space for fitting photovoltaic (solar) panels
• UK Finance minimum requirements generally
• The Template Letter for use by a solar panel provider in applying for lender’s consent to installation and the process for obtaining such consent
• Case studies of clients for whom the installation caused difficulties - pitfalls to avoid.
• Dealing with the sale of a property with solar panels, questions for the seller client and estate agent and enquiries suggested for the buyer’s conveyancers to raise.
• A typical lender’s “Solar Panel Pack for Legal Advisors”
• When things go wrong, neighbour disputes and who owns the panels - Borwick Solutions Ltd v Clear Water Fisheries Ltd Development [2019] EWHC 2272 (Ch)
• Interaction with Rights to Light - injunction or damages for interference, prescriptive rights.
• Planning permission, Building Regulation Approval and other enquiries
• The Smart Export Guarantee replacing “Feed in Tariffs”

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.