Renewable Energy

Estates, Farms, and crofts may look at, or be approached for a renewable energy projects, such as wind, solar or battery storage. This could be part of a diversification strategy providing potential new income streams to finance growth. The right legal support can ensure such projects are optimised from conception through planning to construction and throughout the lease term and at renewal.  

Most projects are structured as leases, which could include a new business structure being put in place. Getting the right advise at the outset from our specialist Land and Rural Business lawyers will ensure you have the appropriate leasing arrangement for your circumstances, including understanding of any impact of tax, agricultural holdings legislation and crofting laws. 

Renewables are by nature long-term projects, with 25-year+ leases for wind farms and 40-year leases for battery storage fairly standard.  It is common to see the right for the tenant to extend the lease under certain circumstances, so it is vital that landowners consider the long-term business and any income and tax implications, including inheritance tax, involved at the start. Our team can work with you on tax planning, business structure and, for family businesses, protecting the next generation on the business impact of any renewables project over time. 

From early stage support on recognising and solving potential tax, access and planning issues, future-proofing leases, including rent reviews, right through to helping with renegotiations of older agreements, renewals or decommissioning, we can help with all or any legal aspect for you. 

We know every renewable or low carbon project has its own individual demands, from planning and access issues to lease, servitude and contract negotiation. Our specialist lawyers have experience with a wide range of renewable developments, including solar, hydro, battery storage, wind, carbon capture, and hydrogen storage, and will work with you to find the right solution for your project’s unique needs.

As with any construction project, we can advise on every stage of a renewable energy development project, including contracts (such as building contracts, sub-contracts and consultant appointments), dispute resolution, and health and safety issues. We understand the specific issues that can impact a renewables development, and are on hand to help from the start with areas such as pre-planning and public consultations, and negotiating on issues such as habitat management, agricultural leases, decommissioning commitments, and securing obligations so that your development has security of tenure, whoever owns the land.

Every development comes with its individual challenges, for example bringing large equipment across numerous properties and determining land ownership across the route. With our sector knowledge and project experience, we work with you to investigate and resolve any problems on a case-by-case basis, delivering the best solution in your individual project circumstances. 

We are well-established in this area, with an in-depth understanding of the market and have strong working relationships with land agents, accountants and surveyors to deliver the full support needed. 

Whether you are a community group looking at a potential renewable energy project, or a community faced with a development in your area, legal support can play a key role in understanding the potential project benefits and impact at an early stage. 

Our team of specialist lawyers have worked on a range of projects with a community involvement and have advised on the community-developer relationship and process. We can use our experience and market knowledge to advise you on the implications of project development, help with consultations and input required for effective negotiations, and building productive connections between communities and developers.

Here for both investors and borrowers in the renewable energy sector, our Banking and Finance team regularly advise on development investment and borrowing, including acquisition finance, start-up funding, asset finance, project finance, debt restructuring and refinancing, and cross-border advice on the Scottish aspects of all finance transactions. 

For potential investors in renewable energy projects, our team can prepare and advise on loan documentation and security packages, including due diligence on assets and contracts. 

If you are a developer looking for finance for your renewables development, we can provide advice on funding opportunities, helping you put forward the right proposals to lenders, along with support on negotiating loan terms and security packages. We can also advise on business structure and corporate arrangements, including joint ventures, and acquisitions. 

We work with clients from the very start of a renewable energy project, advising on regulatory demands and supporting them through the pre-planning and planning application process. Our specialist team will carry out a full review of planning applications and can help steer the application smoothly throughout the process whilst providing advice on any planning, conditions, agreements and consents. 

We have extensive experience in planning appeals including Public Local Inquiries and Judicial Review actions in the Court of Session. Our renewable energy lawyers investigate the extent of land, resource and access rights needed for a successful development, and are also on hand to advise on the practicalities of topographical surveys, community negotiations and environmental legal reviews, ensuring early resolution of potential issues.  

Depending on your renewables development and project role, there can be multiple contracts and agreements to negotiate, such as grid connection and power purchase agreements, exclusivity agreements, service contracts, agreements for access rights, asset sale and purchase, option agreements and leases. 

Our experienced contract lawyers can ensure you have robust contracts and agreements in place that properly represent and protect your interests, and meet your regulatory requirements. Having the right agreements in place can also help you avoid or deal successfully with disputes if issues arise later. 

We can also review any contracts on renewal to make sure they are right for you going forward.

At Thorntons, our renewable energy lawyers have considerable experience advising, negotiating and drawing up effective, robust long-term commercial lease agreements acting for either landowners and developers. Leases of this term can be very complex and need to take into account individual land and business demands and circumstances as well as ensuring long-term stability of the development and future-proofing of assets and rental. 

Our team works with you to ensure that any lease arrangements, land options, or necessary access rights are developed and drafted to help protect your position. 

If progressing a commercial property development  with ownership for a site involving renewables such as battery storage or solar farms there can be multiple legal issues to be dealt with, such as land ownership, Deeds of Conditions, supply chain contracts, access rights, funding, decommissioning commitments, and grid agreements. Our multi-disciplinary team at Thorntons can handle the range of legal matters involved for you, as well as being on hand to ensure any potential disputes or issues such as supplier insolvencies are dealt with effectively. 

We can also liaise with project land agents and surveyors and accountants on planning requirements for your site, and work together to resolve any potential issues at an early stage. 

Our Banking and Finance team can offer a full range of advice to both lenders and borrowers in the renewable energy sector, advising on appropriate funding possibilities and investment opportunities, including loan and security packages. 

This can include due diligence for Bank from our specialises in Commercial Property and the Land and Rural Business Team, , advice on funding opportunities and arrangements, specific purchase vehicle joint venture schemes, and acquisition finance. 

Renewable projects often impact land beyond the sites earmarked for development and both Landowners and Developers can rely on Thorntons to be able to assist with any Access, Servitude or Wayleaves points that arise on land adjacent to, or leading to, renewable projects. 

We deal regularly with a wide range of connection issues required to enable developments to occur, be that in respect of access agreements or leases, and dealing with servitudes or wayleaves needed to enable the renewable energy project to be connected into the National Grid.

At Thorntons, we work to resolve any disputes or potential litigation positively, encouraging early intervention and advising on options such as mediation and arbitration. With renewable energy developments, proper drawing up of leases, contracts and agreements at the start can avoid misunderstandings and problems later on, and we work closely with all parties involved,  to ensure good communication throughout a project’s development and life-cycle. 

We are on hand to help you with proactive dispute resolution and litigation support if needed. While we aim to avoid expensive court action for you, if it is necessary, we will provide you with strong representation, working for the best outcome for you.

We can help with all legal aspects of renewal energy development site acquisition and construction, and can represent the interests of developers, supply chain contractors, or lenders. This can include due diligence, warranties, leases, contract terms, and agreements, including partner agreements.

Our experienced team, including an Accredited Specialist in Construction Law,can work with  you from the project start to help avoid potential pitfalls, deal effectively with any disputes and successfully develop the site.

With the potentially significant income that can come for landowners or landholders with a project such as solar or wind farm, and the business structure involved, it is important that you understand the possible impact on your tax position that such a development may have. Given the length of many renewables project, inheritance tax as well as income tax is a key consideration. 

Our specialist lawyers can advise you on the tax implications of your project and provide you with tax-planning advice to ensure you and your family are able to get the most out of any project .