Professional legal support at every stage of the project.
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After obtaining the building permit, the stage begins where the investment becomes reality. This is the time for securing financing, concluding loan agreements, and establishing securities.
Secure financial closure is crucial – that’s why we support Clients in negotiations with banks and investors to ensure every transaction element is transparent and protects the investor’s interests.
loan agreement negotiations,
establishing securities (pledges, assignments, direct agreements, registrations),
consulting on equity structure and shareholder agreements.
organization of construction work tenders,
verification of bidders’ credibility (in cooperation with technical experts),
comparison and negotiation of offers.
preparation and negotiation of construction contracts (BoP, EPC),
negotiation of contracts for the supply of turbines, PV panels, inverters, and other key equipment,
service agreements ensuring operational continuity.
monitoring of milestone implementation,
legal documentation for construction and energization (EON, ION, FON),
representation in administrative proceedings (permits, environmental decisions).
support in obtaining occupancy permits and grid connection,
preparation of documentation and managing the entire licensing procedure before the ERO,
obtaining electricity generation license.
enforcement of contract terms and activation of securities,
representation in disputes with contractors, suppliers, or administration,
support with substitute performance.
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Building a wind power plant or solar farm involves contracts worth hundreds of millions of zlotys.
We organize private tenders, compare offers, and conduct negotiations with suppliers and contractors.
With experience working with virtually all major component manufacturers, we know which contractual provisions matter in the 20-30 year operational perspective.
Construction work for energy investments includes not only equipment installation but also road construction, foundations, and cable routes.
This process requires precise coordination and continuous monitoring of deadlines, warranties, and acceptance procedures.
Our Law Firm oversees each stage, representing Clients in administrative proceedings and before network operators.
Completion of construction is just the beginning. For the installation to start generating energy, grid connection and occupancy permits are necessary. The key document is the ERO President’s license – without it, energy cannot be legally sold. Standard proceedings take many months, but thanks to our experience, we can significantly accelerate the procedure. To date, we have obtained licenses for over 500 MW for our Clients, making us one of the most experienced law firms in this area.
Is it necessary to have a license for energy production?
As a general rule, yes. Article 32 of the Energy Law (as of the end of 2025) requires obtaining a license for RES energy production, with the exception of:
micro-installations (up to 50 kW),
small installations (>50 kW and <1 MW),
installations producing exclusively from agricultural biogas or bioliquids,
installations producing exclusively from hydrogen (low-emission, renewable, and renewable of non-biological origin).
For installations with a capacity greater than 50 MW, the license is issued by the President of the Energy Regulatory Office.
The most common problems are:
failure to meet the completion deadline, budget overruns, disputes over the quality of work performed, and lack of financial securities.
Provisions regarding additional works are also important.
We negotiate clauses (e.g., contractual penalties, guarantees) that minimize these risks.
RES projects are generally treated as a single undertaking. However, separating permits (e.g., for turbines, power line, station) can be beneficial – it often accelerates and simplifies procedures. It’s important to remember that permits for turbines are issued by the voivode, while for other elements – by the starost.
First, we activate the securities provided for in the contract. We represent Clients in discussions motivating the contractor to fulfill their obligations, and if necessary – in court disputes and substitute performance procedures.
Yes, it also includes the inspection phase. We support Clients with EON (energization operational notification), ION (interim operational notification), and FON (final operational notification) procedures.
Connection conditions are issued at the development stage and are necessary for construction. The operational permit concludes the construction process. Both documents are required as attachments to the license application.
Changing the capacity or type of panels/turbines may require updating: connection conditions, connection agreement, building permit, and sometimes also environmental decision and spatial development plan.
At least 30 days before submitting the first application for covering the negative balance, you can update the offer once:
change the planned date of entering the auction system,
change the installed capacity (as long as it doesn’t affect the auction basket).
The application is submitted after construction is completed, the installation is connected to the grid, and the operational permit is obtained. However, documents should be collected earlier to avoid wasting time after the investment is completed.
Clauses must be precise – defining the consequences of delays (e.g., due to weather), rules for settling additional costs, and the procedure for reporting events. This helps avoid disputes and unnecessary losses.
Do you have questions?
Write to us – we are at your disposal.
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