Pouring our energy into renewables.

Applying the brightest minds to help developers, investors and suppliers seize every opportunity in a changing sector landscape.

Scotland is an international front-runner in renewable energy law and Burness Paull is supporting its clients at the forefront of these developments across mature and emerging technologies.

We have worked on some of the most significant onshore and offshore wind projects in Scotland and were involved in securing consent for the largest marine energy project in Europe.

We have in-depth experience of advising clients on solar, hydro and energy from waste projects, including biomass, anaerobic digestion and combined heat and power plants.

Burness Paull is the country’s front runner in community-based renewable projects and has been involved in over 40 projects, from the Scottish Borders to the Outer Hebrides.

Burness Paull renewable energy lawyers pushing boundaries

We act on behalf of leading international onshore and offshore renewable energy operators and developers, including SeaEnergy, ScottishPower Renewables, EDF Renewables, Centrica, BayWa r.e. UK, Fred Olsen Renewables, Statkraft, Santander UK, John Laing plc, Investec, Shanks, Balfour Beatty Capital, North British Windpower, Engie, Eneco Wind (UK), Velocita Energy Developments, Forsa Energy, Falck Renewables, Partnerships for Renewables, Airvolution, Greencoat, Beaufort Wind, Ventient Energy, Brockwell Energy and Vattenfall AB.

In the last 12 months, the team has worked on the two largest offshore wind farms currently under development in Scotland (also being two of the largest infrastructure projects that will take place in Scotland in the next decade) - the Moray East and Neart na Gaoithe offshore wind farms.

The team has also been working extensively on onshore wind projects, including on the final Renewables Obligation and Contract for Difference projects being developed in Scotland under the existing subsidy regimes.

We are currently active advising developers on the next generation of onshore wind and solar energy projects, being brought forward in a subsidy-free environment.

Key Contacts

How Burness Paull's renewable energy lawyers can help you:

Our 40 strong renewable energy lawyers advise on all aspects of a renewable energy project, from inception, through construction, financing, commissioning and generation.

Our services include:

Project Development

We advise on property, consenting and regulatory matters, incorporation, structuring and restructuring, joint venture/development and the acquisition and disposal of renewable assets:

• Due diligence on renewable energy assets and contracts
• Sale & purchase agreements for all types of energy projects
• Joint venture and development agreements
• Drafting and negotiation of land option agreements, leases, direct agreements, interface agreements and all ancillary documentation
• Landowners’ titles
• Land and wayleave agreements for substations, export cabling and access rights
• Interaction with local communities and their participation as project partners
• Consenting matters generally and section 36 applications
• The consenting of offshore wind, wave and tidal schemes under the Marine (Scotland) Act 2010
• Environmental Impact Assessment and HRA issues, and providing legal review of environmental statements and habitat regulation appraisals
• Section 75 agreements and community benefit agreements
• Planning appeals, including appearing at public inquiries/hearings

Financing

Our banking and project finance team advise both lead and local counsel on energy and renewables projects of all sizes:

• Start-up and equity funding arrangements
• Reserve based lending and borrowing base finance
• Project finance
• Acquisition and leveraged finance
• Project management of cross-border financing transactions
• Bridging facilities, revolving facilities and working capital / capex facilities

Regulatory Issues and Offtake Arrangement

We advise clients on the regulatory regime which underpins the UK’s energy industry and developers in respect of power purchase and off-take arrangements for electricity generated by their projects:

• Issues relating to the Connection and Use of System Code and Grid Code
• Amendments to the charging methodology of National Grid Electricity Transmission plc, and the impact that this has on the security requirements of generators
• Compliance with grid connection documentation, electricity network codes and any licence obligations or exemption imposed under the Electricity Act 1989
• Regulatory changes to the energy industry in the UK and Europe, including in respect of Electricity Market Reform
• Offtake and power purchase arrangements for the sale and export of electricity and renewable benefits generated by renewable energy projects
• Corporate PPAs
• The various renewables incentives regimes, including the Renewables Obligation, Feed-in-Tariff and Contracts for Difference

Construction & Operation

We advise on all aspects of the construction of renewable energy projects, acting for developers, contractors and lenders:

• Turbine supply contracts
• Service and availability contracts
• Balance of plant contracts in respect of the civil and engineering works that comprise the foundation for renewable energy projects
• Operation and maintenance contracts for the continued operation and efficient use of the generating equipment
• Grid connection offers and construction agreements to permit the connection and export of electricity to the transmission or distribution system
• Grid sharing arrangements
• Supply-chain contract procurement projects
• Contractual commitments in respect of decommissioning projects

Our renewable energy lawyers would love to support your project.

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