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.
The #Clearingstelle #EEG #KWKG has already published on December 13, 2018, a notice on #self-sufficiency for so-called general electricity. Self-sufficiency within the meaning of § 61 EEG 2017 also applies in the case of personal identity between the plant operator and the operator of consumption facilities for cooling or heating parts of buildings, community lighting and lifts. In this respect, the Clearingstelle EEG KWKG creates legal clarity for the use of #solar plants and #BHWK in the real estate industry. At the same time, the necessary differentiation from other electrical quantities, e. g. #tenant electricity is pointed out. (Clearingstelle EEG KWKG, Note from 13. 12. 2018 - Ref. : 2018/10)
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What is "building structure"; within the meaning of the EEG? The Clearingstelle EEG KWKG commented on this in an arbitration award dated 11 January 2019. The parties to the arbitration proceedings had it clarified whether a site on which fills and excavations had been carried out for the construction of a transmitter and on which certain structural elements had been installed is to be classified as "other structural installation"; and whether a corresponding claim for funding thus exists. The Clearingstelle affirmed this and made it clear that an area can simultaneously have the characteristics of a conversion area and another building structure. In this respect, there is no relationship of exclusion or superiority/subordination between the acts of promotion in the EEG.
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