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Solar Panels - Restrictive Covenant
cheeky-peach
Posts: 327 Forumite
Good morning all,
Just doing some pre-planning for sale of our house. We have solar panels fitted, they were in place when we purchased the property.
We were informed during our purchase from our solicitor that the previous vendors didn't seek consent re: restrictive covenant but also said that it was a grey area as the covenant refers to structures and it isn't clear if solar panels count as a structure or a fixture.
The previous vendors came back and said that it was a fixture therefore they didn't need to seek approval and we just accepted it as we also agreed with that. We are looking to sell and this will obviously come up again so my questions are:
1) Can we get clarification as to if solar panels are classes as a structure or fixture?
2) If we go and seek guidance from the builders (house was built in 2008), are we opening ourselves up to a dispute?
Also, just thinking if we did go and seek retrospective approval, they could say no and then we'd be left with a bigger problem.
Thanks in advance.
Just doing some pre-planning for sale of our house. We have solar panels fitted, they were in place when we purchased the property.
We were informed during our purchase from our solicitor that the previous vendors didn't seek consent re: restrictive covenant but also said that it was a grey area as the covenant refers to structures and it isn't clear if solar panels count as a structure or a fixture.
The previous vendors came back and said that it was a fixture therefore they didn't need to seek approval and we just accepted it as we also agreed with that. We are looking to sell and this will obviously come up again so my questions are:
1) Can we get clarification as to if solar panels are classes as a structure or fixture?
2) If we go and seek guidance from the builders (house was built in 2008), are we opening ourselves up to a dispute?
Also, just thinking if we did go and seek retrospective approval, they could say no and then we'd be left with a bigger problem.
Thanks in advance.
0
Comments
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When did you buy the place?
When were the panels fitted?
If the developers haven't given a toss about them so far, why on earth would they start now?0 -
We bought in 2018 and the panels were fitted in 2012.
I get your point but maybe they don't know they exist?0 -
If the panels haven't caused them any problems for the past nine years, why would they suddenly care now? It's not going to happen. If a buyer is at all concerned then you (or they) can get indemnity insurance against the minuscule risk of the covenant being enforced (though it would help if you told us what the wording is).cheeky-peach said:We bought in 2018 and the panels were fitted in 2012.
I get your point but maybe they don't know they exist?1 -
You mean they haven't noticed in NINE YEARS...?cheeky-peach said:We bought in 2018 and the panels were fitted in 2012.
I get your point but maybe they don't know they exist?0 -
Well they clearly aren't going around to check and I would think that because they aren't building here anymore, they don't care. I'm just trying to make things as smooth as possible as this query held things up when we bought.0
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The biggest issue with solar panels is ownership. Do you own them or are they leased? Many lenders won't lend if they are leased and at the very least they will want to review the lease.
Make sure you have proof of ownership or lease details. If they are owned outright tell the EA and any prospective buyer as this will make things easier0 -
They will be as "smooth" as the buyer and his solicitor want them to be. You cannot pre-empt how much they'll care.
Did you get an indemnity when you bought? If so, it should be transferable.0
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