The Battery Storage Team is highly skilled in advising on all aspects of battery storage projects, from securing planning permissions and grid connections to negotiating commercial agreements and navigating complex regulations.
As the demand for renewable energy grows, battery energy storage systems (BESS) are becoming a crucial component for developers, landowners, and investors.
BESS projects, however, present unique challenges that require careful planning and legal navigation. From securing grid connections and planning permissions to ensuring compliance with evolving regulations, there are numerous factors that must be addressed to ensure a successful installation. Our Team has extensive experience in guiding clients through these complexities, helping to optimise the financial and operational benefits of battery storage systems.
The Team can assist with negotiating leases that protect your interests while ensuring the project remains flexible and scalable as technology evolves. Our expertise extends to addressing issues related to grid connection delays, compensation for land use, and securing appropriate permissions from local authorities.
Our lawyers also specialise in drafting and negotiating commercial agreements with energy suppliers, contractors and investors to ensure that any project benefits from the most favourable terms, whether you’re securing Power Purchase Agreements (PPAs) or managing operational risk.
Our Experience
• Training a team at a well-regarded mainstream bank in relation to BESS.
• Acting for a BESS/hybrid project developer in producing a template suite of property documents for their portfolio including detailed heads of terms, option and lease templates.
• Acting for a landowner in relation to an option to lease for a hybrid solar and BESS project. This involved option fees potentially totalling £35,000, differentiated rents and reinstatement requirements for the technologies.
• Acting for a landowner in relation to a hybrid solar/BESS scheme where the developer wanted to separate the documents for the separate technology elements for the project.
• Acting for a landowner in relation to a hybrid solar/BESS scheme involving complex title matters and retained land considerations.
• Acting for an investor/developer on the sale of the entire issued share capital of a BESS project SPV with the ability to generate 100MW.
• Putting in place an exclusivity agreement in advance of discussions for the sale of a BESS project SPV.
• Acting for a BESS developer in relation to a framework agreement with a BESS funder/investor/developer covering the proposed sale by our client of a 400MW pipeline of sites, involving complex “ready to build” assessment provisions, KPIs and lockout terms.
• Advising a BESS developer on their acquisition of a 50MW project prior to development and energisation, including negotiating variations to the existing option and lease documents.
• Advising a developer on an option, lease and deed of variation for a BESS project including detailed property due diligence and advice on the terms of their letter of authority for an additional 30MW grid connection application.
• Advising a developer on the variation of an existing option document and associated licence for early works relating to an anticipated BESS project.
• Advising on the acquisition of an option to lease for a minimum 60MW BESS project, including full title due diligence and reporting.
• Advising an investor on the disposal of a 50MW BESS SPV including phased consideration payments on satisfaction of KPIs (completion, energisation etc).
• Acting for a developer in relation to an option for lease for a 25MW BESS project and later deed of variation to extend the option period.
• Acting for a developer on the acquisition of a BESS SPV with rights to a 50MW BESS project site.
• Acting for a developer in relation to a series of cable agreements for solar, BESS and hybrid project connection routes, including options for the grant of the cable easements.
• Acting for an investor in relation to the acquisition of freehold land for the purpose of granting a lease to a solar/BESS developer.
