10 news/legal expert
Should you install solar panels? LEGAL EXPERT ADVERTORIAL
It may be hard to imagine sunshine in the current weather, but in hopeful anticipation Glanvilles offers a few points to consider before going ahead
• Planning permission – generally solar panels on domestic and non-domestic premises come within the permitted development rights. For commercial properties permitted development may exist if the installation is connected to the business use and the external appearance of the building is not materially affected. Listed buildings will require listed building consent as will panels within the curtilage of the listed building.
• Building regulation consent – may be needed to consider the structural implications of the installation.
• Insurance – your insurers should be notified of the proposed installation so they cannot void your policy for failure to disclose.
• If you have a loan secured against the property the consent of your lender will be required. This will be critical if you want to sell the property as most lenders will insist that the current lender has approved the installation before they will consent to a loan going ahead if you are buying a property with panels installed.
• If you own a leasehold interest in a property rather than a freehold then the consent of your landlord will be required. Failure to obtain that consent could leave the landlord with a claim to forfeit your lease for breach of covenant.
• You may have restrictive covenants on the legal title relating to alterations to your property and the installation could be a breach of this – legal
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advice should be considered before the installation.
• Consider carefully the terms of any lease for solar panels before you enter into it and think about taking legal advice. Some of the leases impose onerous terms and can last for 25 years. If you sell your property you will have to sell subject to and with the benefit of the terms of that lease and you need to make sure that the lease would not create difficulties for you on a sale.
• Businesses that install panels and receive tariffs could be subject to tax on income. The purchase of panels may be subject to capital allowances. Accountancy advice should be sought.
• The installation of solar panels may have an effect on the marketability or
PREMISES is the new acronym guide
Choosing the right property for your business is no mean feat. How do you know if you have picked the right location or negotiated the best terms? Vail Williams, with offices in Southampton and Portsmouth, has a useful acronym of recommendations to help.
Price – everything is negotiable and not necessarily included. Be sure that you gain a firm understanding of not only the rent quoted but also rents achieved in the area.
Requirements – what are your requirements? Consider these not only in terms of staff numbers but also regarding other factors such as whether the building will provide adequate, cooling and ventilation to allow you to occupy it intensively.
Expansion – when choosing a premises be sure to think about future expansion; will the premises accommodate your staff numbers in 12 months, or three to five years’ time? If not, you may wish to build in flexibility to your lease.
Macro and micro location – is it easy for your staff and customers to get to; is there sufficient car parking; is there access to public transport
and nearby amenities? Does the location suffer from congestion?
Inspection – caveat emptor: let the buyer beware. Surveys prior to signing a lease are essential to ensure you uncover any potential condition or repair issues that may have costly implications.
Sustainability – important not only for managing down energy costs but also because proposals under the Energy Act 2011 may make it unlawful from 2018 to let premises below an ’E’ EPC rating.
Expertise – when choosing premises and negotiating a lease do you have the right expertise?
Size – with new technology such as 4G, WiFi connectivity, business lounges, virtual offices and home working, do you really need so much space?
Your property solutions should support your specific business needs – while there may be some upfront cost in engaging the services of an occupier representative, the long-term savings can be invaluable.
Detals:
www.vailwilliams.com THE BUSINESS MAGAZINE – SOLENT & SOUTH CENTRAL – MARCH 2013
the value of your property. All of the above points, if not complied with where appropriate, could make it difficult for you to sell.
The important thing is to think carefully about any proposals and to seek proper advice before you proceed.
Details: Sue Craven 023-9249-2300
s.craven@
glanvilles.co.uk www.glanvilles.co.uk
HOW TO ENTER visit:
www.glanvilles.co.uk/win or scan the QR code
see website for terms & conditions
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