Thinking of solar - Restrictive Covernant

RoadToRiches

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.

Martyn1981

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.

Exiled_Tyke

Martyn1981 said:

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.  

RoadToRiches

Exiled_Tyke said:

Martyn1981 said:

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

None of that sounds applicable to solar panels to me.
Worded to make it to be extentions and the like.

gefnew

Your property is leasehold then.
Solar Panels - Restrictive Covenant — MoneySavingExpert Forum

QrizB

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).

RoadToRiches

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.

gefnew

May help with the problem.
Restrictive covenants - what they mean - HomeOwners Alliance (hoa.org.uk)

QrizB

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.

RoadToRiches

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.