Legal and Planning Permissions Associated with a Solar Panel System UK

Written-by

Janet Richardson

Reviewed-by

Richard Burdett-Gardiner

Updated on

Nov 27, 2024

Legal and Planning Permissions Associated with a Solar Panel System UK

Solar Panel Legal and Planning for England

In England and Wales, the domestic installation of mounted solar panels is likely to be considered ‘permitted development’, meaning there is no need to apply to the council for planning permission. However, some conditions must be met, and it is always best to check with your local planning authority to confirm the current legislation. The following conditions must be adhered to:

• Solar panels must not be installed above the highest part of the roof, excluding the chimney.
• Panels should protrude no more than 200 mm from the roof or wall surface on pitched roofs. These conditions will also be satisfied if panels are mounted parallel to the roof on a sloping roof. On a flat roof, they shouldn’t protrude more than 600 mm. It is strongly advised to obtain a structural report for even a small flat roof solar installation to ensure the roof can withstand the weight of the racking, which will be heavier for a flat roof as the nature of the racking is different for flat roofs.
• Panels should be installed, so far as is practicable, to minimise the aesthetic impact on the building’s exterior. 
• The panels cannot be installed on a wall that faces a highway in a conservation area or World Heritage Site. 
• Panels must not be installed on a property located within the grounds of a listed building.
• You must notify the Distribution Network Operator (DNO) of the installation. The notification depends on the Declared Net Capacity, which is the estimated output of the installation. if the system size exceeds 3.68kWp, an application to the DNO is usually required if the house has a single-phase supply (this limit is 3.68kWp per phase, so 11kWp on a 3-phase supply). Consent to connect to the grid is usually given for systems under 4kWp.
• The installation must comply with the Microgeneration Certification Scheme (MCS) standards.

As you can see from this list there are important exceptions to the permitted development rule, such as if your property is listed or located in a conservation area. It is advisable to check with your local planning officer if your property falls into these categories.

Planning Permission for Ground Mounted Solar Panels (Standalone)

Ground-mounted solar panels are likely to require planning permission unless they meet certain conditions for permitted development:

• Ground-mounted solar panels must be no bigger than 9 square metres in area, with a maximum horizontal dimension of 3 metres in any one direction, and they must be no higher than 4 metres.
• The ground-mounted installation must be at least 5 metres from the property boundary.
• The solar panels must not be visible from the road if you live in a conservation area or world heritage site.
• If the property is a listed building, planning permission will most likely be required.
• Any additional ground-mounted solar installations beyond the first one will also require planning permission.

If the installation does not meet the permitted development conditions for ground-mounted solar panels, the property owner will need to apply for planning permission from their local authority before installing them. 

Solar Panel Legal and Planning for Scotland

In Scotland, you won’t usually need planning permission for domestic solar panel systems if they're below a certain size. However, you should confirm this with your local planning officer, especially if your home is a listed building, in a conservation area, or World Heritage Site. Here are some of the conditions that need to be adhered to:

• Panels must not be installed above the highest point of the roof, excluding the chimney.
• If solar panels are being installed on a flat roof, they must be at least 1 meter from the edge of the roof and must not protrude more than 1 meter from the roof’s surface.
• If the property is situated on a World Heritage Site or conservation area, solar equipment should not be mounted on a roof that forms the front face of the building or the side of the building visible from a public road.
• If your property is a listed building, you should consult your local planning officer. 
• Panels should be fitted to least affect the external appearance of the property and the surrounding area. 
• You must notify the Distribution Network Operator (DNO) of any installation. The size of the system determines the notification process. 

Legal and Planning for Solar Panel Systems Greater than 50 kW: 

If a solar panel system is going to be greater than 50kW prior approval will be required from the Local Planning Authority. This is a much less prescriptive process than a planning application. This process involves assessing the design and appearance of the development particularly taking into consideration the impact of glare on occupiers of neighbouring land. 

Solar panels and your insurance provider

Before installing PV technology, it is important that you contact your home insurance provider to ensure that the installation will be covered by your policy (including theft of and damage to the array). You should always notify your home insurance provider of any major changes to your home. This ensures that you’re adequately covered and that your insurance provider is aware of anything that could affect the structure of your home. 

You should check that your policy limits are enough to cover any increase in the value of your home. It may be that you need to increase your buildings sum insured or add an endorsement to your policy. 

You might want to consider additional coverage for breakdown to cover mechanical or electrical failures or increasing limits to cover the full replacement cost. 

Most domestic insurance policies cover rooftop solar panels, but the coverage may not be very extensive. For example, your policy might not cover wear and tear, accidental damage, or downtime. Ground-mounted solar panels may not be considered part of your home so may require a separate policy. 

More on this here

Solar Panels and your Mortgage Provider

Although solar panels are unlikely to affect your mortgage repayments, your lender will want to ensure you can repay the loan. They may be concerned about the possibility of your property being repossessed if you’re unable to repay the loan. It is advisable to discuss your plans to install a PV system with your mortgage provider. If you own your panels outright, you are less likely to have any issues with your lender. If you rent your panels, it may be more difficult, although it depends on the terms of the lease. Some lenders offer rewards for any customer who applies for a mortgage on properties with solar panels.

Here are a few things to consider when it comes to solar panels and your mortgage:

• Do you own the solar panels outright or are you leasing the roof space to someone else?
• Was the installation done by an accredited company, and does it meet the Council of Mortgage Lenders (CML) guidelines?
• Were all the appropriate installation certificates obtained when the installation was complete?
• If you lease the roof space, you need to find out if the lease is enforceable and whether it includes rights for the lender to break it if the panels are an issue. 
• You should check whether the installation has affected the structural integrity of the property or roof.
• You should check whether you have all the necessary consents, including one from the landlord if the property is leasehold.

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[1] http://www.planningportal.gov.uk/permission/commonprojects/solarpanels/