Construction and real estate law

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Special aspects in power plant construction

Due to the provisions of the Renewable Energy Act (EEG), the construction of renewable energy power plants is often subject to special deadline requirements. A delay of only one day means not only that energy production will start later than planned but, it may also lead to lower rates of FiTs, which are calculated as of certain reference dates and then valid throughout the entire project term of 20 years. As a consequence, depending on the size of a power plant an investor can quickly lose several millions of EUR and it is no rare scenario that the profitability of the entire project is jeopardised.

  

Our construction contracts offer you optimum solutions that are developed to meet the needs of your individual project. Thanks to our legal expertise gained throughout the years when working on many projects and with the close collaboration between our attorneys and our audit and technical consulting experts, we offer you a service where your interests are taken care of in the best possible way. Any project-specific risks identified by our interdisciplinary project team are adequately addressed in our individually structured contracts, thus they become controllable, and, consequently, are reduced as best as possible. Creative clauses on fees and tariffs, structuring of acceptance procedures or performance guarantees are only some of the examples of contractual clauses that contribute to the success of a project.

 
We assist you in your project from the first idea to the very completion, from planning and construction through operation to sale, if any. Already in the concept formation phase, our specialists take account of the special requirements relating to “operator responsibility” that must be complied with when operating a power plant so, also in this respect, we lay an optimal groundwork for your long-term success.

 

Real estate law

Renewable energy projects are scheduled in accordance with the incentivisation period under the EEG and, thus, involve project lifecycles of at least 20 years. Therefore, securing a land plot on a permanent basis is the foundation for a successful project. Normally, projects are not implemented on the company’s own land but on suitable land plots owned by third parties that are used on the basis of concluded contracts governed by the law of obligations. The rights of use to a land plot granted in contracts governed by the law of obligations must be additionally secured by establishing rights in rem, which not only secure the use of such land plot in relation to possible legal successors or in insolvency proceedings against the land plot owner but also serve as a prerequisite for the disbursement of financial means by banks and lenders.

 

Moreover, by establishing rights in rem to a land plot it is ensured that the facilities installed on third-party land continue to exist as legally independant assets; thus, a wind power plant or photovoltaic power plant remains alienable and is available as collateral to lending institutions.

 

We make sure that in respect of the power plants any rights will exist that are necessary for operation and sale at a later time. With regard to shared infrastructure facilities, cables or access roads we also involve a multidisciplinary team that develops intelligent, tax optimised and practical, easy to implement concepts.

 

Contact

Contact Person Picture

Klaus Forster, LL.M.

Associate Partner

+49 911 9193 3611
+49 911 9193 3588

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