Renewable energy sources

The legal aspects of renewable energy sources have been dealt with by our lawyers since the beginning of existence of this branch of law in Poland, i.e. since 2012, when work on the draft Renewable Energy Sources Act began.

We provide legal services with regard to all sources of renewable energy, with the greatest emphasis on photovoltaic (onshore and offshore) and wind (onshore) installations.

Among the entities to which we have provided or are providing legal services in the field of renewable energy are:

• Jastrzębskie Zakłady Remontowe sp. z o.o. – a company from the Jastrzębska Spółka Węglowa S.A. Group,
• Wirtualna Polska Group (WP Naturalnie),
• VW (Volkswagen Poznań sp. z o.o.),
• EQUES Fotovoltaica 2 Closed-end Investment Fund – the first closed-end investment fund in Poland holding assets only in the form of operating renewable energy (PV) installations;
• Volta Polska sp. z o.o. – Volta Group, a part of the Eiffel Investment Group;
• Viridi RE Development GmbH – a developer of photovoltaic installations operating globally and also a producer and seller of energy primarily from photovoltaic installations;
• Green Genius – global powerhouse in the development of renewable energy, mainly photovoltaic installations.

How can we help you?

Comprehensive consultancy – we explain the legal environment and the rules governing renewable energy to Clients in a clear and straightforward manner, which translates into the creation of business models by Clients; in our analyses we take into account planned changes in the law;

Legal due diligence audit of renewable energy installations or companies owning renewable energy installations (legal due diligence) – we conduct a comprehensive legal examination of renewable energy installations at every stage, including those already generating electricity, as well as companies owning such installations; at our law firm we have audited companies or installations with a total capacity of more than 150 MW; we also audit companies with energy trading licences with a view to a potential acquisition of shares in such a company;

Transactions for the sale of a renewable energy installation or a company owning a renewable energy installation – we prepare transaction documents, including an agreement for the sale of rights and obligations related to the installation or an agreement for the sale of shares, we support Clients in negotiations; we have handled transactions involving renewable energy installations with a total capacity of over 170 MW;

Trainings – we provide training for companies as well as open training on renewable energy issues;

Energy cooperatives – we advise and comprehensively support the Client in setting up an energy cooperative, as well as in the subsequent operation of the cooperative; we help calculate whether the energy cooperative will be profitable for the Client;

Energy clusters – we prepare the documentation for setting up an energy cluster, explain how clusters work;

Collective prosumer, virtual prosumer – we explain mechanisms of operation, including billing for both solutions, we prepare the necessary documentation;

Handling the development process of RES installations (including photovoltaic and wind installations) – we comprehensively handle the entire process of developing a photovoltaic installation from the legal side – from securing the title to the property, through obtaining connection conditions, building permits, securing the title to the cable route, participating in the RES auction, constructing the installation, obtaining a concession for energy generation, concluding a distribution agreement, purchasing energy for own use, a power purchase agreement (PPA), fulfilling any reporting obligations.

Land lease agreements for renewable energy installations, including for photovoltaic installations or for the purpose of siting a wind power plant) – we draft contracts for lessors or lessees, and give opinions on contracts; to date, we have drafted and given opinions on well over 100 such contracts, which allows us to have an overview of the current market conditions of transactions;

Purchase of land for a RES installation (including purchase of agricultural land) – we prepare and guide the Client through the entire process of land purchase, often preceded by a lease for the purpose of project development;

Decision on the environmental conditions of a permit for realisation of a project (environmental decision) – we prepare applications for decisions and appeals against decisions of authorities, as well as complaints to administrative courts;

Analysis of local spatial development plans with regard to the possibility of locating renewable energy installations in the area covered by the LSDP;

Zoning decisions – we draft appeals and represent Clients in proceedings before the authority that refused to issue a zoning decision. In this respect, we have already presided over dozens of cases, which we have repeatedly won before the administrative courts;

Connection conditions, connection agreement:

• we analyze the conditions and connection agreements in legal terms,
• we advise on the process of transferring conditions and connection agreements to another entity;
• we complain on behalf of our Clients about refusals to issue network switching conditions by distribution network operators, we represent Clients before the President of the Energy Regulatory Office in resolving disputes between operators and generators;

Building permit for RES installations – we verify the correctness of the decision;

RES auctions – we explain mechanism of the auction system, including positive and negative balances, obtain certificates of admission to RES auctions on behalf of the Client, submit auction bids, and assist Clients with reporting obligations;

Registration in the Register of Small RES Installations – (RMIOZE) – any RES installation with a total installed electrical capacity of more than 50 kW and no more than 1 MW requires registration in the RMIOZE Register – we prepare and submit applications for registration in the Register of Small RES Installations (RMIOZE) on behalf of the Client;

Power generation concessions – any owner of a photovoltaic or wind power installation with a capacity of more than 1 MW requires a generation concession; we specialise in preparing applications and representing Clients before the President of the Energy Regulatory Authority in cases to obtain a generation concession. We have represented many Clients in such cases, including a State Treasury company;

Concession for electricity trading – we prepare applications and represent the Client in proceedings to obtain an electricity trading concession;

Public works contract for the construction of renewable energy installations (EPC contracts) – we prepare and review public works contracts for the construction of renewable energy installations, both for small and very large installations; our portfolio includes public works contracts for installations of up to 1 MW as well as for installations of 35 MW and 50 MW;

O&M (operation and maintenance) contract – we draft and review O&M contracts for RES installations;

Renewable Energy Facility Lease Agreement – PV-as-a-Service, Solar-as-a-Service, Renewable Energy Facility Lease Agreement – we prepare and review agreements for our Clients that allow the use of a renewable energy facility by an entrepreneur who does not intend to engage in its construction or maintenance;

PPA/cPPA – we review and prepare power purchase agreements, including so-called corporate power purchase agreements (cPPAs) for the physical delivery of electricity directly from the generator to the consumer;

Direct line – we are preparing investors to take advantage of the planned changes to the law allowing the use of direct line.