Option to Lease Agreements for Renewable Projects - Practical Guidance for Advisers in Scotland

Introduction

There is a surge by developers to secure land for renewable developments to drive the commitment to reaching carbon zero. These developments may involve wind, solar or hydro and may now extend to battery storage. Many landowners are also being approached to secure land to facilitate a renewable development to enable access or rights for cabling.

This virtual classroom seminar will focus on common provisions contained in option agreements and leases for renewable projects and what this means for landowners. It will also highlight practical points that are often of importance to landowners that may require to be addressed within both the option agreement and lease.

The intended audience is property lawyers who act for landowners who are approached by renewable developers to take an option to lease land for the purpose of a renewable development whether wind, solar, hydro or battery storage or for the purpose of facilitating a renewable development in terms of access or cabling.

What You Will Learn

This live and interactive course will cover the following:

• Matters to consider at the outset of instruction
• Exclusivity and Heads of Terms
• Practical considerations about the proposed option site (including reviewing the plan of the proposed site and understanding what the development would entail and what the landowner uses and intends to use the land/remainder of the land for)
• Codes of conduct for the developer
• Assignation and change of control provisions
• Developer’s reinstatement obligations including bonds/insurance/escrow
• Landowner’s obligations and reservations
• Indemnities (including compensation for crop loss and loss of subsidy)
• Where problems arise

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.