photovoltaics in a lease agreement
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Lease agreement and photovoltaics:
Avoid expensive claims!
Photovoltaic systems are central to the energy transition and are actively promoted by the federal and state governments in Germany. More and more companies, property owners and tenants want to use this environmentally friendly technology and are asking themselves how they can legally install photovoltaics on land or buildings within the framework of leasehold law.
Our law firm with many years of expertise is at your side with a comprehensive guide to ensure the legally compliant implementation of photovoltaic systems in lease agreements. Here you will find all the relevant legal principles, practical tips and answers to frequently asked questions about the use of photovoltaics in lease agreements - so that you can avoid expensive claims right from the start.
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3Lease Agreement and Photovoltaics: Important Basics and Legal Notices
Photovoltaic systems are an efficient method of converting solar energy into electricity, help reduce CO₂ emissions and offer financial incentives thanks to the Renewable Energy Sources Act (EEG). But what legal aspects must be taken into account when integrating photovoltaic systems into lease agreements? Here is an overview of the most important legal principles:
leasehold: The German Civil Code (BGB) in sections 581 – 584a regulates the essential provisions for leasing land and buildings. These paragraphs define the rights and obligations of the contracting parties as well as the conditions for the lease term.
Building law and EEG: For the construction and operation of photovoltaic systems, not only building regulations are decisive, but also specific requirements of the grid connection and the EEG must be observed.
Specific regulations: These include regulations concerning the responsibilities of the parties involved, necessary permits and participation in the profits of the investment.
These legal frameworks are essential for drawing up legally secure lease agreements in the field of photovoltaics.
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Photovoltaic systems on leased land: Legally secure regulations in the lease agreement
The installation of photovoltaic systems on leased land requires clear contractual regulations regarding responsibility, operation and maintenance. The following points should be specified in the lease agreement:
Tenant’s authority and responsibility:
The tenant receives the right to install photovoltaic systems as long as he meets legal and contractual requirements and obtains the necessary permits.
Grid connection and electricity sales:
The lessee is entitled to feed the electricity into the public grid and can sell the generated electricity to third parties, such as the grid operator.
Lessor's consents:
The lessor grants the necessary rights of use, including the use of roof areas or parts of the property and, if necessary, the registration of security mortgages.
Cost regulation:
The construction, operating and maintenance costs are borne by the lessee, unless otherwise agreed;
these can be offset against the rent.
These regulations ensure a reliable basis for the operation of photovoltaic systems on leased land.
Photovoltaic lease agreement: Important agreements for tenants and lessors
A clearly structured lease agreement for photovoltaic systems defines the rights and obligations of both parties and thus creates the basis for successful cooperation. Here are the essential regulations for photovoltaic lease agreements:
When using photovoltaic systems on leased land, the clear division of responsibilities between tenant and lessor is crucial for smooth and efficient use.
Tenant’s responsibilities: The lessee is usually responsible for the entire planning and construction of the plant as well as the ongoing operation, including maintenance and necessary repairs. It is also his responsibility to submit applications for funding, obtain the necessary permits and ensure the grid connection.
Obligations of the lessor: The lessor provides a structurally suitable area for the installation of the photovoltaic system and ensures the necessary access and pipeline rights to enable the operation of the system.
Liability: It clearly regulates who is liable for damage caused by faulty planning, construction or operation in order to avoid ambiguity and potential conflicts.
Financial aspects: The costs for construction, operation and maintenance of the plant are shared between the lessee and the lessor. In addition, an agreement is made on the profit sharing, whereby the lessor can receive either a fixed amount or a percentage of the feed-in tariff. The regulations for invoicing income and costs and for the distribution of the ongoing feed-in tariffs are also an essential part of the contract.
Contract duration and termination: The term of the lease is chosen so that it corresponds to or exceeds the lifespan of the photovoltaic system. At the end of the lease, it must be clarified whether the system will be taken over by the lessor or dismantled and disposed of by the lessee. The conditions for early termination of the contract, whether through termination or insolvency, are also precisely defined.
These comprehensive regulations ensure that the operation of photovoltaic systems on leased land is both legally secure and economically advantageous.
Legally secure legality check for lease agreement and photovoltaic system
In order to minimize legal risks and ensure the economic use of the photovoltaic system, a comprehensive legality check is essential before the contract is signed and the system is built. This check covers several important areas:
Building law review: It must be ensured that the construction and operation of the facility is permitted under building regulations. It is particularly important to comply with building clearances and to take into account specific usage requirements for the site.
Grid connection and feed-in tariff: A thorough review of the grid connection obligations and the feed-in tariff regulations is necessary to ensure conformity with the grid operator's requirements.
Contractual conformity of use: It must be checked whether the use of the photovoltaic system is compatible with the leased property, such as agricultural land.
Coordination with relevant authorities and approval procedures: All necessary permits, including those for construction, monument protection and nature conservation, must be obtained. Close coordination with the responsible authorities is necessary.
A thorough legality check lays the foundation for legally secure and economically advantageous use of photovoltaic systems on leased land. This careful preparation helps to avoid later conflicts and maximize the profitability of the investment.
Lease agreement and photovoltaics: Your rights and obligations at a glance
The installation and use of a photovoltaic system as part of a lease agreement requires precise planning - legally and practically. It is crucial to clearly define the rights and obligations of the tenant and lessor in order to avoid legal uncertainties and ensure smooth cooperation. A detailed legality check and competent contract drafting enable you to make optimal use of the potential of photovoltaics and minimize legal risks. Rely on legally secure solutions for sustainable and economically successful use of solar energy.
Do you need legal support regarding photovoltaics in a lease agreement? Let our lawyers advise you! We will be happy to help you with all questions relating to contract drafting, liability and tax obligations.
Legal advice on lease agreements and photovoltaic systems – your law firm for legally secure solutions
The use of photovoltaic systems on leased land offers great opportunities, but requires a sound legal basis. Our law firm supports you in setting the right course for legally secure and economically successful use.
We offer you comprehensive consulting services and support you in the preparation and review of lease agreements in which all important regulations are recorded - from the construction and maintenance of the facility to marketing and tax treatment.
Our services at a glance:
When drafting and reviewing contracts for photovoltaic systems, we ensure that the rights and obligations of the lessor and lessee are clearly defined. This includes the precise definition of the cost allocation, the profit sharing and the lease term in order to document the contractual conditions clearly and precisely.
Legality check: Before concluding the contract, we carry out a comprehensive review of all legal requirements. This includes building regulations, grid connection conditions and obtaining the necessary permits from relevant authorities to ensure a solid legal basis for your project.
Liability and usage issues: We contractually regulate liability for possible damage to the system, the property or to third parties in order to ensure optimal protection for all contracting parties.
Tax advice: In addition, we offer advice on the tax aspects of feed-in tariffs and rental income to ensure correct taxation and compliance with all legal requirements.
Advice on direct marketing: We provide advice on direct marketing for plant operators with an output of over 100 kW. This includes taking market premiums into account and regulating the tenant's rights to sell the electricity to third parties.
Formation of joint operating companies: If joint management of the business is desired by the tenant and the landlord, we support the establishment of an operating company that enables a fair distribution of liability risks and profits.
Contract termination and term regulations: Finally, we help you to make clear arrangements for the end of the contract, be it through dismantling the system or its takeover by the lessor, in order to also contractually secure the transition phases.
We help you
Trust in our expertise to ensure your photovoltaic projects are on a secure legal footing. Whether you are a lessor or a tenant – with us at your side, you can secure the benefits of your photovoltaic system and minimize legal risks.
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