Lawyers Expertise Events News Career DE

Photovoltaics

The expansion of photovoltaics is fundamental to the success of the energy transition. According to the current Renewable Energy Sources Act (EEG 2023), 215 gigawatts (GW) of photovoltaic systems are to be installed in Germany by the end of 2030.

Successful photovoltaic installations – whether on open land or on roofs – require expertise from a range of legal fields. Thanks to our firm's broad range of expertise, we are able to provide sound, practical and comprehensive advice in all project phases. In recent years, we have provided support for a large number of photovoltaic installations throughout Germany – from the initial idea to commissioning and the operating phase.

Our clients include project developers and planning companies, municipalities, energy supply companies, plant manufacturers, construction companies, investors and banks. Our team is actively involved in the German Solar Industry Association (Bundesverband Solarwirtschaft, BSW) and the Bavarian State Representation of the German Renewable Energies Association (Landesvertretung Bayern des Bundesverbands Erneuerbare Energien e.V., LEE Bayern).

We support the expansion of photovoltaics and provide advice exclusively on the energy transition.

ADVISORY SERVICES

Support for urban land use planning

We advise regional planning authorities, districts and municipalities on issues relating to regional and urban development planning for photovoltaics.

Experience includes:

  • Municipality of Gilching: Ongoing advice on the design of municipal planning for open-site PV systems
Advice on approval procedures under construction law, including all sectoral legislation

We advise project developers and planning companies as well as the relevant authorities on issues relating to approval procedures under construction law, including all sectoral legislation (nature and species protection, protection of historic monuments, etc.). We also offer to accompany information events.

Experience includes:

  • neoVIS-s.e. GmbH, Landshut: Ongoing advice on the development and realisation of several open-site PV systems
  • Ingenieurbüro Sing GmbH, Landsberg a. Lech: Ongoing advice on the development and realisation of open-site PV systems
  • WWS Projektbau GmbH & Co. KG, Markt Erlbach: Comprehensive advice on the planning and realisation of several open-site PV systems, e.g. 21 MW Unsleben PV park, 37 MW Herrnneuses-Oberroßbach PV park
  • Südlicht GmbH & Co. KG, Fahrenzhausen: Ongoing advice on the development and realisation of several open-site PV systems
Representation in opposition and complaint proceedings

We represent project developers and planning companies in opposition and complaint proceedings.

Securing land and land registration law

We advise project developers, planning companies and local authorities on securing the necessary land and provide advice on related issues.

Experience includes:

  • Ingenieurbüro Sing GmbH, Landsberg a. Lech: Ongoing advice on issues relating to securing land for several open-site PV systems
  • neoVIS-s.e. GmbH, Landshut: Ongoing advice on securing land for several open-site PV systems
  • WWS Projektbau GmbH & Co. KG, Markt Erlbach: Comprehensive advice on the planning and realisation of several open-site PV systems, e.g. 21 MW Unsleben PV park, 37 MW Herrnneuses-Oberroßbach PV park
Co-operations and structuring

We advise project players on the structuring of co-operations, whether between project developers and municipalities, various project developers or in other constellations. We also provide comprehensive advice on the legal structuring of open-site PV systems.

Experience includes:

  • neoVIS-s.e. GmbH, Landshut: Comprehensive advice on various co-operations, e.g. with local citizens' energy cooperatives
  • Ingenieurbüro Sing GmbH, Landsberg a. Lech: Advice on various co-operations
Construction contract law, in particular plant construction contracts, general contractor agreements and other construction contracts

We advise project developers and planning companies, energy supply companies, plant engineering companies and construction companies on all matters relating to construction contract law. We negotiate general contractor agreements and other construction contracts.

Experience includes:

  • VWPA GmbH & Co. KG, Uffenheim: Construction contract law advice on the realisation of various PV parks
  • wiwi consult GmbH & Co. KG, Mainz: Construction contract law advice on the realisation of various PV parks
Maintenance and operating agreements

We provide advice on all aspects of maintenance and operating agreements.

Experience includes:

  • Green Management Allgäu GmbH: Ongoing advice on maintenance and operating agreements
Procurement law

We advise public stakeholders, such as municipalities and municipal companies, on issues relating to public procurement law.

 

Grid connection and Renewable Energy Act (EEG) subsidy law, in particular support in tendering procedures

We provide advice on issues relating to grid connection and Renewable Energy Act (EEG) subsidy law. We also support the tendering procedures and answer questions on Renewable Energy Act (EEG) subsidy law.

Experience includes:

  • Ingenieurbüro Sing GmbH, Landsberg a. Lech: Ongoing advice on grid connection and Renewable Energy Act (EEG) subsidy law as well as EEG tendering procedures
  • neoVIS-s.e. GmbH, Landshut: Ongoing advice on grid connection and Renewable Energy Act (EEG) subsidy law as well as EEG tendering procedures
Corporate law and tax law structuring

We provide advice on issues relating to the structuring of project companies and co-operation companies under corporate law and tax law.

 

Project financing and conception of citizen and public participation, mezzanine financing

We provide advice on project financing issues and work with our clients to design citizen and public participation schemes. 

Experience includes:

  • Municipality of Apfeldorf: Advice on citizen participation models for the Apfeldorf PV park
  • Wust Wind & Sonne Group: Comprehensive advice on citizen participation models
Purchase and sale of PV systems, due diligence

We advise buyers and sellers on the purchase and sale of PV systems - from projects that are still under development to existing solar parks with repowering potential. We organise both asset and share deals.

Experience includes:

  • neoVIS-s.e. GmbH, Landshut: Advice on the sale of open-site PV systems

The core team

Our core team consists of 11 lawyers specialising in photovoltaics, with experience in project-related issues from all phases of project preparation, realisation and operation. Our lawyers are familiar with the issues and negotiation strategies. 

Back to overview

 

Lawyers Expertise Events News Offices Career Publications About Kapellmann Sustainability