Building Ownership

Freehold

In the case of Freehold Tenure the owner-occupier has the legal right to install a solar system of any part of the building. However planning consent maybe required. This is discussed in Planning.

Leasehold

In the case of Leasehold Tenure the occupier of the building is usually required to obtain written approval from the headlessor of building owner prior to carrying out any alterations.

Commercial leases usually allow tenants to make alterations to the property but only with the consent of the landlord and subject to a requirement that any alterations are reinstated at the end of the lease. A common mistake on the part of tenants is to assume that because they have improved the property, the landlord will not require the alterations to be reinstated when they leave. Some more optimistic tenants even anticipate that the landlord may compensate them for the money they have spent.

However, unless expressly agreed otherwise, the landlord is entitled to insist that the alterations are removed. Circumstances where the landlord is obliged to pay compensation are extremely limited. What is more, unless the lease states that the value of the improvements are not to be taken into account at rent review, tenants can also find themselves paying twice for their works by paying a revised rent assessed on the value of the improved property

This is because the installation of a solar system will be a physical alteration to the demise and is deem to be a tenants alteration / improvement. Therefore such an alteration will require the written consent of the headlessor or building owner, prior to any works being undertaken.

Solar Partner has expertise in this field and can prepare the necessary drawings and licence for alteration and submit them to the building Landlord and or there appointed solicitor for approval on your behalf.

In normal circumstances any such alteration is the building owners benefit and the request is often meet with approval. Nevertheless, it is a requirement under a modern commercial lease.

When the building lease expires you will either renew your lease or relocate. In the event of renewing your lease you will not be a requirement to remove the installed solar system.

However should you decided to vacate the building, under normal lease terms it is a requirement that you return the building to its original condition at the start of the lease. Meaning that the solar system will be required to be removed and all fixing holes in the roof made good. Solar Partner will however negotiate with the building landlord or headlessor for the system to remain and for any cost benefits to the building to be passed onto you.

As professionals we will ensure that at all times the least damage and disruption is caused to the building to prevent considerable negotiations and costs at the end of the lease term.