Birmingham Midshires Solar Panel Requirements: The 2015 Change

Birmingham Midshires solar panel requirements were the subject of this January 2015 update. Despite the original headline referring to “panel requirements removed”, the article concerned solar photovoltaic panels and leases of roof space, rather than changes to solicitor panel membership.

Originally published on 21 January 2015. Updated in October 2026 for clarity, related links and a separate explanation of where to find current guidance.

What changed in January 2015?

The original article reported that Birmingham Midshires, Bank of Scotland and Halifax had removed their previous answers to a CML Handbook Part 2 question about reporting roof-space leases that did not meet the CML’s minimum requirements for solar PV panels.

The question was reproduced in the original post as:

Does the lender require me to report to them where the lease does not meet the CML minimum requirements for leases of roof space for solar PV panels?

The concern was practical: how should a conveyancer proceed when a lender-specific answer disappears, but the property remains subject to a solar panel lease?

This is a record of the change reported in 2015. It should not be used as a statement of Birmingham Midshires’ current instructions.

A missing answer is not permission to disregard the lease

The absence of an answer to one Part 2 question does not establish that a roof-space lease is acceptable or that the wider lender instructions can be ignored.

The conveyancer needs to consider the applicable general Handbook provisions, lender-specific instructions, mortgage offer and any separate instructions for the transaction.

My original view was that disclosure to the lender was the sensible course where uncertainty remained. The continuing practical point is to resolve a material uncertainty about the instructions before proceeding, rather than assume that deleted wording amounts to approval.

Why solar panel leases matter in conveyancing

The legal investigation should distinguish between panels owned by the property owner and an arrangement under which a third party has rights over the roof space.

Where a lease or other third-party arrangement exists, the documents may affect access, maintenance, insurance, removal of equipment and the lender’s security.

Depending on the arrangement and applicable instructions, matters to investigate may include:

  • The nature and duration of the rights granted to the solar panel provider.
  • Any required consent from the mortgage lender or superior landlord.
  • Access rights for inspection, maintenance and repairs.
  • Responsibility for insurance, damage and reinstatement.
  • Termination rights and responsibility for removing equipment.
  • Relevant installation approvals and certification.

These are areas for investigation, rather than a complete list of Birmingham Midshires’ requirements. The applicable instructions and the actual documents must determine the work needed on the file.

Earlier changes to solar panel lending requirements

This issue formed part of a wider development in lender instructions concerning solar installations.

Our March 2013 article covered revised CML minimum requirements for solar panel roof-space leases, including changes concerning insurance and installation approvals.

For a lender-specific historical example, see our February 2014 report on Principality Building Society’s solar panel lease requirements. Those historical conditions should not be treated as another lender’s instructions or assumed to remain current.

Where to check current solar panel requirements

UK Finance’s published guidance directs conveyancers to section 5.20 of Parts 1 and 2 of the Mortgage Lenders’ Handbook for England and Wales. It directs Northern Ireland conveyancers to section 5.14.

The original article’s question reference should therefore not be used to locate today’s England and Wales requirements.

For a live transaction, consult the UK Finance guidance on solar panels and the Lenders’ Handbook, then check the relevant jurisdiction, lender instructions and mortgage offer.

Checking historical Birmingham Midshires instructions

If you are investigating an older purchase, remortgage or potential conveyancing claim, today’s instructions may differ from those applicable at the time.

The Birmingham Midshires page in the Lexsure Lender Archive provides a route to checking available historical lender-specific Part 2 records.

For a question about deleted solar panel wording, identify the relevant date and section when making your enquiry. Consider the historical record alongside the applicable Part 1 provisions, mortgage offer, separate instructions and evidence retained on the file.

What did Birmingham Midshires require at the time?

Visit the Lexsure Birmingham Midshires lender archive to check available historical records or enquire about the wording relevant to your transaction.

Finding a Birmingham Midshires conveyancer

If you need a conveyancer for a Birmingham Midshires transaction, use the Birmingham Midshires conveyancing panel search on LENDERmonitor or search by postcode through LenderPanel.com.

Before instructing a firm, confirm that it can act for the lender on your particular transaction and tell it about any solar panel lease or third-party installation arrangement.

Historical note: This article records a change reported in January 2015 and should not be treated as a statement of Bank of Scotland’s current requirements. For transactions within the available coverage period, see our guide to historical Bank of Scotland mortgage lender requirements.

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