Photovoltaics
Solar energy is the most important driver of the decentralised and citizen-oriented energy transition. Whether as a rooftop system combined with electricity storage systems in the housing industry, on public buildings as well as in commerce or as a ground-mounted system with capacities of many megawatts, the possibilities of using solar energy for electricity and heat generation of any size are manifold. We support stakeholders in realizing this potential.
Successful implementation of ground-mounted solar systems
The development and construction of ground-mounted solar systems is a complex task with numerous interfaces to legal issues. With more than 25 years of experience in the field of renewable energy, we provide support as specialised experts at the interfaces of project development and implementation to legal requirements. We also contribute our expertise in financing and marketing processes.
Our services
- Preparation of model contracts
- Adaptation of individual land use contracts
- Support of negotiations on land use contracts with special stakeholders such as municipalities, churches, and state forests
- Examination of the admissibility under planning law
- Drafting and negotiation of urban development contracts
- Support in preparing or modifying(project-related) site plans
- Representation in negotiations with network operators via network connection point
- Support of tender procedures according to the Renewable Energies Act (EEG), in particular advice on the conditions for participation and examination of the bidding forms
- Creation and support in the negotiation of all relevant project contracts, in particular project development, asset purchase, maintenance, general contractor, operational management, direct marketing and grid connection contracts
- Legal assessment of the possibilities for shaping company law; conception and creation of the basis of the company contract
- Support of the implementation of citizen participation in the form of crowdfunding and implementation of the licensing procedure at Federal Financial Supervisory Authority (BaFin)
- Conception and contractual design of self-consumption and direct delivery models
- Legal design of regional direct marketing concepts
- Legal support of hybrid projects with wind energy and storage, power-to-X and PV
- Creation/review of direct marketing agreements and Power Purchase Agreements (PPAs)
Solar energy for municipal utilities
System lease, direct delivery, tenant electricity: the possibilities that roof systems in particular offer for business models are manifold. In addition, ground-mounted installations provide opportunities for the development and implementation of profitable projects as the most favourable form of sustainable energy generation. Regionalism, trust, local networks and local knowledge can become a decisive advantage for municipal utilities in competition with third parties when acquiring land and in the approval process. Our experts support you with the know-how gained from supporting a variety of projects and business model developments.
Our services
- Evaluation, structuring and contractual design of self-consumption, direct delivery and tenant electricity models
- Legal design of regional direct marketing concepts
- Support in developing and implementing a self-sufficiency concept suitable for you with a team of legal, technical and economic experts
- Examination of regulatory requirements of the Renewable Energies Act, the Energy Industry Act, the Federal Law on Metering Point Operation and regulations based on them
- Creation of usage contracts for roof areas
- Support in negotiating all relevant project contracts, in particular direct marketing, financing, insurance contracts, etc.
- Examination of project options (profitability analysis of the individual project based on our market knowledge, creation of a profitability model for the ongoing examination of project options, including the examination of existing remuneration options and the ability to approve)
- Advice on the design of the specific projects (selection of operator, financing and remuneration model, design of lease offer)
- Legal support of land securement (preparation of leases, support of negotiations with landowners)
- Legal support in the approval process
- Legal support in the award and conclusion of project contracts (general contractor contract, procurement of modules, maintenance and operation contract, grid connection contract, direct marketing contract, PPA)
- Legal support in the company operations (reports and declarations, damage cases)
- Advice on the implementation of civic participation models
- Economic and organisational support (valuation and pricing, structuring and monitoring of the transaction process)
- Legal advice on the negotiation and conclusion of transaction agreements and consideration of all tax aspects (confidentiality agreement, letter of intent, purchase and sale agreements in the context of share or asset deals)
Solar energy as an opportunity for municipalities
Successfully implement climate protection and the energy transition – this becomes concrete at the municipal level. There is considerable potential for solar energy in particular. Municipalities have a wide range of opportunities for engagement: for example, a self-sufficiency system on municipal roofs or added value through a ground-mounted system on municipal areas. In addition, a municipality can design framework conditions for the use of solar energy in new construction areas or control the development of ground-mounted systems in the municipality area with project-related development plans. We support you in implementing these possibilities.
Our services
- Introduction to the overall process of developing and building ground-mounted solar systems and answering your questions about solar energy with a team of legal, technical and economic experts
- Development of the individual objectives of the municipality against the background of the economic framework conditions
- Concrete development and support of the implementation of a suitable participation model for you
- Support in the presentation of concepts in committees and at public events
- Support in exchanges with legal supervisory authorities
- Support in the participation of the municipality according to § 6 EEG (Renewable Energy Sources Act)
- Review and evaluation of offered leases
- Support in developing and implementing a self-sufficiency concept suitable for you with a team of legal, technical and economic experts
- Examination of regulatory requirements of the Renewable Energies Act, the Energy Industry Act, the Federal Law on Metering Point Operation and regulations based on them
- Creation of usage contracts for roof areas
- Support in negotiating all relevant project contracts, in particular direct marketing, financing, insurance contracts, etc.
- Creation of a general criterion catalogue for ground-mounted systems
- Drawing up and/or amending (project-related) site plans
- Development of new construction areas
- Re-planning of existing areas
- Conversion of fallow areas
- Accelerated procedures according to § 13a and § 13b of the German Construction Code (BauGB)
- Management of emission conflicts
- Norm control procedures
- Conclusion of urban planning contracts
Potential in France
France is still at the beginning of exploiting its potential and thus offers considerable opportunities for companies from the D-A-CH region (Germany, Austria and Switzerland) to invest in the development, implementation and operation of solar energy. Our German-speaking experts in France have been supporting project developers, banks, investors and banks in their activities in France for more than 20 years.
Our services
- Structuring of transaction
- Due Diligence - checks (link to Due Diligence subpage)
- Drafting and negotiating confidentiality agreements
- Support in bidding procedures
- Preparation and negotiation of term sheets/letter of intent (LoI)
- Tax optimisation of the transaction
- Elaboration and negotiation of the necessary purchase and sale agreements within the framework of a share or asset deal
- Preparation and support of signing and closing
- Support for post-closing measures
- Structuring of financing
- Implementation of legal and tax due diligence
- Creation and negotiation of term sheets
- Preparation and negotiation of the complete financing documentation (credit and collateral agreements)
- Creation of legal opinions
- Preparation and support for signing and financial close
- Monitoring the fulfilment of payment requirements
- Review of direct marketing contracts and Power Purchase Agreements (PPAs)
- Support of credit syndications and restructurings
- Legal assessment of the possibilities for shaping company law; conception and creation of the basis of company articles of association
- Support in securing land (preparation of lease promises – promesses de bail –, notarial leasehold or leasehold contracts – baux emphytéotiques or baux de construction – and private written or notarial toleration agreements – servitudes )
- Supervision of approval procedures (support in the preparation of the application for approval and in dealing with requirements of the authorities, representation in court proceedings)
- Support in concluding cooperation agreements with local municipalities or other third parties
- Securing the grid connection (examination of the grid connection offer – proposition technique et financière or "PTF", support at the conclusion of the grid connection contract – convention de raccordement)
- Hedging tariff (support in the tender procedure – appel d 'offres – , in particular advice on the conditions for participation and examination of the bidding forms)
- Creation and support in the negotiation of all relevant project contracts, in particular project development, asset purchase, maintenance, general contractor, operational management and direct marketing contracts
Project financing
Each project has its own characteristics. Tailor-made financing is therefore a prerequisite for their successful realisation. With more than 25 years of experience in the field of PV, we provide lenders and borrowers with the best possible implementation of their project through clear and lean contracts as well as pragmatic solutions. We have supported project financing of more than 7 billion euros in Germany and France as of today.
Our services
- Structuring of financing
- Implementation of legal and tax due diligence
- Creation and negotiation of term sheets
- Preparation and negotiation of the complete financing documentation (credit and collateral agreements)
- Creation of legal opinions
- Preparation and support for signing and financial close
- Monitoring the fulfilment of payment requirements
- Review of direct marketing contracts and Power Purchase Agreements (PPAs)
- Support of credit syndications and restructurings