FTB Solar Panels and Queries

yasutora

Hi all,

Hope you're well.

I'm a first time buyer, purchasing a house with no chain and I am not sure if things are going awful or not.   My solicitors have done the queries and gone back with questions on the solar panels.  Basically they want to know if they are owned by the buyer of the house, and if they have a maintenance fee.  The issue we're facing is the owner of the house has only been there a year and the solar panels have been there for ten years.  The seller has managed to get the installers of the panels to confirm they are with the house and there's no fee, however I'm worried that the solicitors may not accept that.  If they do not then I fear we're at a dead end as there's literally nothing left the seller can provide; they have provided the technical documentation, the installation documentation, and proof that the energy is not sold on to a third party.

I have told the solicitors I will take out an indemnity policy with them to help cover the solar panel issue, but they seem to be getting really dubious over that.  When asked if they had gotten the quotes for the policies (that they said they would do) they have now said they will not do so until the seller's solicitor comes back with the info about the panels.  I'm being told that's been sent.  So it's a bit "he said she said" at the moment too.   We were verbally advised 1st Dec would be okay for completion but now they're backing down on that and refusing to even give me an idea of when.

Can the solicitors decide they don't have enough information and therefore make it so I cannot purchase the house?  This is keeping me awake at night now and it's really kicked my anxiety back into existence.   I would have thought an indemnity policy for solar panels would cover this but I can't seem to get a straight answer out of my solicitors at the moment and I won't lie, this has me on the verge of tears all day for the last week.  It feels like they're trying to waste time so they can break up for christmas?  I doubt that's the case but it's feeling that way.

Sorry for the ramble.  I've never gone through this process before and I'm at my wit's end a little here.

tl;dr:  Solicitors want information about solar panels.  Concerned that seller doesn't have it.  Can they stop the purchase?

Slithery

The solicitor can't stop the purchase, no. They just follow the instructions from their client(s).

Do you need a mortgage? If so then you're not your solicitors only client, they will be working for your lender as well and they can refuse to lend you the money on the advice of the solicitor.

TL;DR; The solicitor can't stop the purchase, but your lender can.

eddddy

It sounds like you're muddling a few different things together.

What type of indemnity insurance is being discussed? Is it:

• Building regulations indemnity insurance?
• Breach of covenant indemnity insurance? (Is the house freehold or leasehold?)
• Or some other type of Indemnity insurance?

It sounds like the person selling the house owns the solar panels - which makes things more straightforward.

If there's no documentation about the installation - maybe you want a surveyor or structural engineer to look at the roof to make sure the roof is strong enough to take the weight of the solar panels.

This should have all been checked when the panels were installed, and the roof should have been strengthened, if required. But if the panels were installed by cowboys, they might not have done the correct checks.

yasutora

eddddy said:

It sounds like you're muddling a few different things together.

What type of indemnity insurance is being discussed? Is it:

• Building regulations indemnity insurance?
• Breach of covenant indemnity insurance? (Is the house freehold or leasehold?)
• Or some other type of Indemnity insurance?

It sounds like the person selling the house owns the solar panels - which makes things more straightforward.

If there's no documentation about the installation - maybe you want a surveyor or structural engineer to look at the roof to make sure the roof is strong enough to take the weight of the solar panels.

This should have all been checked when the panels were installed, and the roof should have been strengthened, if required. But if the panels were installed by cowboys, they might not have done the correct checks.

Hi, I think I may be, apologies about that, there's a lot of big words going around.  I printed out all the stuff the solicitors sent me back and went through it with a pen twice just to try and understand it all.

I believe it's breach of covenant indemnity insurance, and the house is freehold.   We've had an independent survey done, and I believe there's certificates in the documentation originally provided by the owner.  I feel like the solicitors are after something that literally says "they belong to the house".  There's been two owners prior to the current one since those things were installed and my understanding is the owner at the time of installation is no longer with us.

I think my biggest nightmare is that the solicitors deem not enough info and tell the bank not to give the funds.  But at the same time I wonder about my solicitors, since at one point they went back to ask a load of questions about bedroom #3 when there is no bedroom 3.   I just can't judge as I'm not a solicitor so I can't feel too ??? over that one I guess....

rexmedorum

Huh surely this is an issue that must have come up when the sellers bought the house only a year ago?

ProDave

If the panels have been there 10 years and they are owned by the house, then there should be a feed in tarrif contract which pays you for the energy generated and that should have been transferred to the present owner and should be transferred to you upon completion of the purchase.

THAT is the questions your solicitor should be asking of the vendor.

sheffield_soldier

I withdrew my offer on a house we really wanted because of Solar Panels. I didn't realise they were going to be an issue until I read up on it. I didn't want the hassle and some company essentially owning our roof for X years and we then probably have to pay to get them taken off. So decided we had to forget about the house. 

yasutora

ProDave said:

If the panels have been there 10 years and they are owned by the house, then there should be a feed in tarrif contract which pays you for the energy generated and that should have been transferred to the present owner and should be transferred to you upon completion of the purchase.

THAT is the questions your solicitor should be asking of the vendor.

Thank you for that. I actually have the form to change the tariff into my name so that the feed in tarrif payment goes to my bank account when I move in.  I'll get a copy of it sent to my solicitors now so they don't think to ask for it later.  Thanks again. 

eddddy

sheffield_soldier said:

I withdrew my offer on a house we really wanted because of Solar Panels. I didn't realise they were going to be an issue until I read up on it. I didn't want the hassle and some company essentially owning our roof for X years and we then probably have to pay to get them taken off. So decided we had to forget about the house. 

Yes - mortgage lenders can be a bit wary of lending on properties where the roof-space is leased to a tenant.

Fortunately, that doesn't sound like the OP's situation. It sounds like no lease is involved, so the OP will own the roof and the solar panels.

ProDave

yasutora said:

ProDave said:

If the panels have been there 10 years and they are owned by the house, then there should be a feed in tarrif contract which pays you for the energy generated and that should have been transferred to the present owner and should be transferred to you upon completion of the purchase.

THAT is the questions your solicitor should be asking of the vendor.

Thank you for that. I actually have the form to change the tariff into my name so that the feed in tarrif payment goes to my bank account when I move in.  I'll get a copy of it sent to my solicitors now so they don't think to ask for it later.  Thanks again. 

Good.  That is also proof that the panels belong to the house and there is no rent a roof or ongoing charges.  But your solicitor should know that.

yasutora

ProDave said:

yasutora said:

ProDave said:

If the panels have been there 10 years and they are owned by the house, then there should be a feed in tarrif contract which pays you for the energy generated and that should have been transferred to the present owner and should be transferred to you upon completion of the purchase.

THAT is the questions your solicitor should be asking of the vendor.

Thank you for that. I actually have the form to change the tariff into my name so that the feed in tarrif payment goes to my bank account when I move in.  I'll get a copy of it sent to my solicitors now so they don't think to ask for it later.  Thanks again. 

Good.  That is also proof that the panels belong to the house and there is no rent a roof or ongoing charges.  But your solicitor should know that.

I mean it sounds like they should but it may have slipped their notice so I'll call them tomorrow and get it sent over. 

Thanks again everyone. I'll keep this updated when I hear something Wish me luck!