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.
Your contact person
Dr. Florian Brahms
Phone +49 (0)30 20 188 328