Brighton & Hove City Council Planning Guidance - Domestic
You can perform certain types of work on your property without needing to apply for planning permission. These are your "permitted development rights" which are set out in Schedule 2, Part 14 (Renewable energy) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (GPDO 2015).
These permitted development rights allow the installation of most solar panels, subject to meeting the requirements outlined in these pages.
If you cannot meet the requirements, you will need to obtain planning permission for the works.
The rights and conditions that apply will depend on whether:
If you want to install solar panels on the roof of your building, Building Regulations permission will apply.
Adding panels to an existing roof needs careful consideration. Your roof must be able to support the weight of the panels and should be tied down to prevent them from lifting.
A Structural Engineer will need to check the roof for its strength. Some strengthening work may be needed.
Building regulations also apply to other aspects of the work such as electrical installation. All electrical work should be undertaken by a Part P registered Electrician.
You do not need to make a building regulations application if you use an installer from an approved Competent Persons Scheme (CPS) for microgeneration technology. These include:
Not all CPS installers are certified to carry out a structural assessment of roof structures. They're only able to deal with the electrical aspects of the installation.
It may be necessary for a Building Regulation application to be made for the structural assessment. You should check that your installer is a member of a scheme covering all the work they will be doing.
It's important to understand the planning constraints of your property and the area where you live before you install solar panels.
You will need to find out if your property is:
The table below will determine whether or not you will need to submit a planning application and/or listed building consent application to install solar panels on your property depending on whether it's located in a conservation area, Article 4 area (where permitted development rights are removed), and/or is a listed building.
The rules for “stand-alone solar” (not on a building) are different and not reproduced here. More information can be found on the Planning Portal page about stand-alone solar equipment.
| Designation | Planning application required? | Permitted development constraints |
|---|---|---|
| Not in a Conservation Area, Article 4 Area or a Listed Building | No. Permitted development rights application. |
Installation permitted unless:
The following conditions must be considered:
When no longer needed, equipment should be removed as soon as reasonably practicable. |
| Conservation Area (on a pitched roof) | No. Permitted development rights apply. | All of the above conditions apply, with one additional requirement. Installation is not permitted if the panels are fitted to a wall which fronts a highway. |
| Conservation Area (on a flat roof) | Prior approval is required before installation. |
If prior approval is granted before installation then all of the above conditions apply, with one additional requirement. Installation is not permitted if the panels are fitted to a wall which fronts a highway. |
| Conservation Area and Article 4 | Maybe - planning application required in the Article 4 areas identified. |
A planning application will be required for installation on buildings in Conservation Areas (CA) covered by Article 4 directions which remove permitted development rights for solar panels. This applies to:
If not located in any of the areas above, permitted development rights apply. |
| Listed Building | Yes – Listed Building Consent is also required. |
Send an e-mail to conservation@brighton-hove.gov.uk for advice on whether Listed Building Consent is required and any relevant heritage policies. Due to the specialist and protected nature of listed buildings, we would recommend that you appoint a suitably qualified architect or building surveyor with heritage experience to advise and assist you with any application. |
The Contractor will complete a survey of your property and identify suitable locations to position the panels.
The most adequate location will take into account where the panels will be exposed to the greatest amount of sunlight throughout the day to maximise the electricity produced.
Of the suitable locations identified, the visual impact of the panels will be most significant when positioned on roof slopes visible from public views.
Where possible, panels should be positioned in an area where they are the least visible, however, this may not be reasonably practicable if there is only one suitable roof location.
Further to roof space selection, you can reduce the visual impact of panels by:
These measures and panel placing should be discussed with the Contractor to minimise the visual impact of the installation, as required for works to be considered permitted development conditions.
If you're unsure whether the proposed installation is considered permitted development, or you want to be certain that your installation is lawful, you can apply for a Lawful Development Certificate.
A Lawful Development Certificate (LDC) is a document issued by the Council Planning Department to confirm that your proposed development complies with permitted development limitations and conditions, and therefore planning permission is not required.
You can find more information on what an LDC entails and what you are required to submit on the Planning Portal.
You can apply for an LDC using the Planning Portal's secure online application service. You will have to pay a fee.
Getting a Lawful Development Certificate is worth considering even if you're sure your project is a permitted development.
If you later want to sell your property, an LDC may be helpful to answer queries raised by potential buyers or their legal representatives.
Once you accept your offer, a surveyor will visit your property to assess whether your roof is suitable for a solar installation and confirm:
The Contractor will provide a basic panel design for the roof and descriptions of the installation, including a basic drawing of the proposed layout. This can be used to apply for:
An existing plan and section with the roof will also be required, in order to have a valid certificate application.
If required, you can search for a registered architect, town planner or building surveyor through the planning portal or the Royal Institute of Chartered Surveyors.