Thinking of solar - Restrictive Covernant

I stupidly asked a a major house builder the size of my roof to work out whether having solar panels was viable, they came back asking for my address, then after giving it they send a standard copy and paste email saying they could not help and about complying with local planning law and building regulations and to check any restrictions contained in the transfer including any obligation to seek approval from them for any proposed alterations.

I am now worried as have the order in for solar panels to go up. Looking around the estate, I am not the only one who has them and so it could be argued that there is a change to the area since when I bought the property. What are the likelihood of them coming around and telling me to take them down with others breaching and getting away with it.

House was sold and they are off the estate over 7 years ago now.
«1

Comments

  • Martyn1981
    Martyn1981 Posts: 15,266 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you know what restrictions there are / might be? Pop em on here, as I'm sure someone will have some good advice. Only my opinion, but PV doesn't typically offend 'alteration' rules, if it's suitably installed to follow roof pitch. Also helpful that you're not the first, which may be a benefit, though being aware (as you've been advised by them) may work against you.

    If it helps, you can guestimate your roof by simply measuring the internal dimensions, as you ned to leave 200-300mm around all the edges for various reasons, so internal dimensions will be close.
    Mart. Cardiff. 8.72 kWp PV systems (2.12 SSW 4.6 ESE & 2.0 WNW). 20kWh battery storage. Two A2A units for cleaner heating. Two BEV's for cleaner driving.

    For general PV advice please see the PV FAQ thread on the Green & Ethical Board.
  • Exiled_Tyke
    Exiled_Tyke Posts: 1,341 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Do you know what restrictions there are / might be? Pop em on here, as I'm sure someone will have some good advice. Only my opinion, but PV doesn't typically offend 'alteration' rules, if it's suitably installed to follow roof pitch. Also helpful that you're not the first, which may be a benefit, though being aware (as you've been advised by them) may work against you.

    If it helps, you can guestimate your roof by simply measuring the internal dimensions, as you ned to leave 200-300mm around all the edges for various reasons, so internal dimensions will be close.
    This probably needs a lawyer's opinion.  But I would argue that it isn't an alteration but a non-permanent addition, like putting a shed in garden.  

    Install 28th Nov 15, 3.3kW, (11x300LG), SolarEdge, SW. W Yorks.
    Install 2: Sept 19, 600W SSE
    Solax 6.3kWh battery
  • RoadToRiches
    RoadToRiches Posts: 220 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Do you know what restrictions there are / might be? Pop em on here, as I'm sure someone will have some good advice. Only my opinion, but PV doesn't typically offend 'alteration' rules, if it's suitably installed to follow roof pitch. Also helpful that you're not the first, which may be a benefit, though being aware (as you've been advised by them) may work against you.

    If it helps, you can guestimate your roof by simply measuring the internal dimensions, as you ned to leave 200-300mm around all the edges for various reasons, so internal dimensions will be close.
    This probably needs a lawyer's opinion.  But I would argue that it isn't an alteration but a non-permanent addition, like putting a shed in garden.  

    That's a very good point. 

    The bit that has me concerned and I'm typing this from a paper copy below...

    The Transferee covenants with the Transferor for the benefit of the remainder of the Estate and to bind the Property that the Transferee will:

    Not without the previous written consent for the Transferor (such consent not to be unreasonably withheld;

    to make any addition or structural alteration to the dwelling house or any other building now erected on or forming part of the property.

    to erect any other building or structure upon the Property

    to erect any fence screen wall hedge or other boundary structure on the front or side boundaries of the property.

    in respect of which consent the Transferee shall pay the Transferors reasonable fees and in the event of such consent being granted not to carry out such work except in accordance with the plans elevations sections specifications and detailed drawings previously approved in writing by the Transferor.
  • EcoScruples
    EcoScruples Posts: 422 Forumite
    Third Anniversary 100 Posts Name Dropper Photogenic
    edited 19 May 2022 at 6:37PM
    None of that sounds applicable to solar panels to me.
    Worded to make it to be extentions and the like.
    4.3kwp JA panels, Huawei 3.68kw Hybrid inverter, Huawei 10kw Lunar 2000 battery, Myenergi eddi, South facing array with a 15 degree roof pitch, winter shade.
  • QrizB
    QrizB Posts: 17,029 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    Is there a time limit? My first house had a builder's covenant but it only applied for a limited time after the sale (I forget exactly how long, but it was a few years).
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Ripple Kirk Hill member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 33MWh generated, long-term average 2.6 Os.
    Not exactly back from my break, but dipping in and out of the forum.
    Ofgem cap table, Ofgem cap explainer. Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Best kettle!
  • RoadToRiches
    RoadToRiches Posts: 220 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    It's freehold and I own the freehold.

    I don't believe there is a time limit in that I cannot see any time limit in the document.
  • QrizB
    QrizB Posts: 17,029 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    Many of these covenants (not necessarily yours) are there to stop you doing anything that might put prospective purchasers off while the developer os still building the estate. in those circumstances, so long as the estate is complete the chance of the developer coming back to enforce their covenants is pretty low.
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Ripple Kirk Hill member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 33MWh generated, long-term average 2.6 Os.
    Not exactly back from my break, but dipping in and out of the forum.
    Ofgem cap table, Ofgem cap explainer. Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Best kettle!
  • RoadToRiches
    RoadToRiches Posts: 220 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 20 May 2022 at 10:31AM
    QrizB said:
    Many of these covenants (not necessarily yours) are there to stop you doing anything that might put prospective purchasers off while the developer os still building the estate. in those circumstances, so long as the estate is complete the chance of the developer coming back to enforce their covenants is pretty low.
    I'd like to believe that but then why write back asking first for my address and then writing back mentioning getting approval from them.  This has put me in a worse position now as cannot even get indemnity cover.  Thought I was doing the right thing, obviously not.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.2K Banking & Borrowing
  • 252.8K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.2K Work, Benefits & Business
  • 597.6K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.