Solar energy is one of the main pillars of the decentralised and citizen-oriented energy transition. Whether as a rooftop system combined with electricity storage systems in the housing industry or commerce, or as open space system with the output of many megawatts, the possibilities of using solar energy for electricity and heat generation of any size have made a great contribution to success. Due to the fact that the generation of electricity or heat depends on solar radiation and is therefore a fluctuating source of energy, its integration into both the grid and the electricity market is a special challenge.
In return, the legal requirements for grid connection, financial support and self-supply from these installations have been tightened in recent years. Their complexity has increased considerably for project planners, installation operators and network operators. In addition to the regulatory requirements of the Renewable Energy Sources Act, the German Energy Industry Act, the Meter Operations Act and related regulations (e.g. System Stability Ordinance, Electrotechnical Characteristics Verification Ordinance), European grid codes are also on the increase, and these have to be taken into account when connecting and operating the solar plant. Regular questions revolve around the plant definition in the Renewable Energy Sources Act, as well as the replacement and exchange of modules, whereby the commissioning of the solar modules in particular is critically acknowledged.
A large number of different contracts are therefore necessary for the operation of a solar power plant, including licence agreements for the free-field or roof area, direct marketing contracts, financing contracts, insurance contracts, company contracts, etc. If special forms of decentralised energy supply are planned and implemented, electricity supply contracts with end consumers, or lease and system management models must be developed individually. From the point of view of the system operator, risks that might occur during the course of at least 20 years of operation of a solar system, have to be taken in account, especially in the case of long-term contractual relationships.
We advise our clients comprehensively and forensically, starting with project planners, land or roof owners, system operators, financers, network operators, meter operators, residential construction companies, industrial and commercial enterprises in connection with the construction and operation of photovoltaic and solar thermal systems. New energy concepts are increasingly becoming the focus of legal advice. In addition to the classic models for the presentation of self-supply in the Renewable Energy Sources Act and direct supply, these include tenant electricity models, agrophotovoltaic projects, blockchain, solar banks, and similar concepts for implementing a decentralised energy revolution without making use of Renewable Energy Sources Act funding.
For solar systems, we can also provide the entire contractual concept required under building law with general contractor agreements, also including the procurement and contract regulations for construction services (VOB) Part B General contractual conditions for the execution of construction services (VOB/B). Also warranty rights and guarantees become necessary for the system operator and/or owner of the photovoltaic system as well as the project planner with respect to, for example, the manufacturers of the modules or electrical specialized enterprises (cases of screw tracks, delamination, browning etc.). Hereby we assert your interests both out of court and judicially.
Please do not hesitate to contact us if you have any questions about our consulting services.
Your contact person
Dr. Florian Brahms
Phone +49 (0)40 3 346 704 0