Solar energy is one of the girders of the decentralised and citizen-oriented energy revolution. Whether as a rooftop system combined with electricity storage systems in the housing industry/ trade or as an open space system with outputs of many megawatts – the possibilities of using solar energy for electricity and heat generation of any size have contributed to a great 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 characterized by special challenges.
In return, the legal requirements for grid connection, financial support and self-sufficiency from these installations have tightened in recent years. The complexity has increased considerably for project planners, installation operators and network operators. In addition to the regulatory requirements of the Renewable Energy Sources Act (EEG), the Energy Industry Act (EnWG), Metering Point Operation Act (MSBG) and related regulations (e. g. System Stability Ordinance, Electrotechnical Characteristics Verification Ordinance), also European grid codes, which have to be taken into account when connecting and operating the solar system, are increasing, too. Regular questions revolve around the plant definition in the EEG as well as the replacement and exchange of modules, whereby in particular the commissioning of the solar modules is critically acknowledged.
In contractual terms, a large number of different contracts are necessary for the operation of a solar power plant, including license agreements for the open space 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 final consumers or lease and system management models must be developed individually. From the point of view of the system operator, risks that can occur in the course of at least 20 years of operation of a solar system, especially in the case of long-term contractual relationships, has to be taken in account.
We advise our clients comprehensively and forensically, starting with project planners, property or roof owners, system operators, financers, network operators, metering point 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. These include, in addition to the already classic models for the presentation of self-supply in the EEG, as well as direct supply, tenant electricity models, AGRO photovoltaic projects, blockchain, solar banks, and similar concepts for implementing a decentralised energy transition without making use of EEG 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 guarantee become neccessary for the system operator and/or owner of the photovoltaic system as well as the project planner against e. g. the manufacturers of the modules or electrical specialized enterprises (cases of screw tracks, delamination, browning etc. ), whereby 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.
With Art. 8 of the Bundestagsdrucksache 19/20 148 the Bundestag on Thursday, 20. In June 2020, the government decided to remove the long-awaited solar lid. With the simple deletion of § 49 para. 5 and para. 6 EEG 2017, production for solar plants will now also continue with an installed power of less than 750 kWp after reaching an installed total power of 52 GW.. The decision was made without the votes of FDP and AFD. For example, the decision on the draft standardisation of energy saving legislation for buildings implemented the much too long delayed amendment of the EEG and the commitment of the 2030 Climate Protection Programme of September 2019. ( BT-Drs. 19/20 148 of 17. 06. 2020)
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The Federal Network Agency (BNetzA) is reacting to the effects of the corona virus and is adapting the mechanism for the tendering of renewable energies and CHP plants. The dates of the call for tenders and the implementation of the call for tenders will not be adjusted in the process. However, the successful bidders will not already be awarded the contract, but will first receive an assurance, so that the deadlines associated with the award will not yet begin to run. In addition, the BNetzA announces that for bids for #Wind energy on land and biomass that have already been awarded the implementation deadlines would be granted unbureaucratically by informal application.
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