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I am a landowner and have been approached by a renewable energy developer to enter into an exclusivity agreement for a potential project which has been identified on my land? What should I do next?

You should contact a solicitor with experience in renewable energy to discuss the terms of the agreement being proposed.  We would recommend that any exclusivity agreement is for a limited period which is appropriate for what is needed for the scheme and that the agreement includes appropriate provisions to protect you from any damage to your land which arises from the developer’s work on the land.  Depending on the complexity of the scheme you may wish to consider appointing a land agent to help with the negotiation of the commercial terms for the development if it is to proceed beyond the exclusivity.  It’s also important to clarify at the beginning, as part of the discussions you have with the Developer, whether the developer will meet the costs of you obtaining advice from your advisors.

For further information, please visit our energy page for developers or contact a member of our team.