Municipalities
Free of charge Sample contract according to §6 EEG
Section 6 of the Renewable Energy Sources Act (EEG) creates the possibility for local authorities to participate financially in solar parks. The free sample contract for new and existing installations offers an opportunity to implement financial municipal participation in ground-mounted PV installations in a legally secure manner.
Sample contract plus supplementary sheet
Municipal participation according to §6 EEG
Our Sample contract for the implementation of Section 6 (1) no. 2 EEG 2023 is designed in such a way that it can be Municipality as contractual partner can be closed. Municipalities on whose municipal territory the ground-mounted photovoltaic systems are located are deemed to be affected.
If a solar park extends over several municipal areasseveral municipalities may also be affected. In this case, the operators must each conclude a separate contract with the municipality concerned.
Local authorities are authorised to pay a total of 0.2 cents per kilowatt hour for the amount of electricity actually fed into the grid are offered.
The involvement of the local authorities is voluntary and requires a contractual arrangement.
Below you will find Free sample contracts as an aid to the legally compliant implementation of Section 6 EEG 2023. All contract contents are explained in a supplementary sheet that is valid for both contract versions.
In the Supplement to the sample contract individual sections of the model contract are explained and additional important information for local authorities and companies is provided, including information on the contract options.
Where does the contract apply?
Municipal participation according to §6 EEG
Legally compliant participation according to §6 EEG 2023 of local communities in the operation of ground-mounted photovoltaic systems applies to...
- subsidised solar parks, which are realised via tenders under the EEG,
- Solar parks, which are PPA projects ("Power Purchase Agreement") can be implemented without subsidies
- Repowering plants and since 2023 also for
- Existing systems.
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The sample contract for new systems, existing systems and the supplementary sheet can be found here. It is for the German market and therefore, only available in German.
New plants & repowering (only in German)
Existing systems (only in German)
Supplement & Information (only in German)
joint project
Development of the model contract
The development of the model contract was initiated by the German Association of the New Energy Economy (bne). The German Association of Towns and Municipalities (DStGB), the German Association of Energy and Water Industries (BDEW) and the Association of Municipal Enterprises (VKU) were involved in the drafting of the model contract. The law firm Becker Büttner Held Rechtsanwälte (bbh) was commissioned to draw up the contract.
Ensure legally compliant implementation!
Municipal participation according to §6 EEG
It is important to Requirements of § 6 EEG to ensure legal certainty for all parties involved. In particular, the process and time of contract conclusion are important.
The reason for this regulation, which must be strictly adhered to, is to safeguard the prohibition of tying, which rules out corruption. A direct link between financial support and the approval of a solar park is to be ruled out by the procedure regulated in the Renewable Energy Sources Act (EEG). This does not undermine the local authority's decision-making sovereignty in urban land-use planning - in other words, the local authority can continue to carry out the urban land-use planning procedure freely and uninfluenced and make a decision in favour of or against a solar park. The supplement sets out the point in time at which an approved development plan is to be assumed. The date to be taken into account is the date on which the development plan is adopted in accordance with Section 10 (1) BauGB. In the case of systems that utilise a privileged status in accordance with Section 35 Para. 1 No. 8b BauGB, we request that you observe the corresponding notes in the supplementary sheet.
Declarations on payments prior to the adoption of a development plan
(abridged extract from Supplement, Section IV No. 1 c)
The question arises as to whether and to what extent declarations on payments pursuant to Section 6 EEG 2023 may be made prior to the adoption of a development plan. There are Different legal opinions on the question of whether a self-commitment declaration by the project developer to pay before the adoption of a development plan is permissible if this declaration provides for the legally binding intention of the project developer to participate in the sense of a unilateral grant without consideration in the event that the plant is built. The German Association of Towns and Municipalities considers it justifiable to interpret Section 6 para. 4 sentence 1 no. 2 EEG 2023 in such a way that declarations of voluntary commitment are not included and are therefore permissible, as Section 6 para. 4 sentence 4 EEG 2023 does not refer to sentence 1 no. 2 for offers and plant operators should now "involve municipalities" in accordance with para. 1 sentence 1. From the perspective of the plant operators, however, a declaration of commitment prior to the B-Plan decision
Criteria for nature conservation-compatible design are not Part of the model contract
According to Section 6 (4) sentence 2 EEG 2023, municipalities may make the conclusion of agreements on municipal participation for ground-mounted systems dependent on the operator having submitted a concept that meets technical criteria for the nature conservation-compatible design of ground-mounted systems. This provision is not addressed in either the model contract or the supplementary sheet. The reason for this is that the nature-friendly design of solar parks is dealt with in the context of urban land-use planning. By the time the legally binding contract on municipal participation is concluded, this has already been finalised, which means that any regulations cannot be part of the model contract.
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Model contract according to §6 EEG 2023
FAQs on the topic Free sample contract
Here you will find answers to frequently asked questions. Do you still have questions? Write to us!
Contact usThe EEG 2023 came into force on 1 January 2023. Is it also possible to conclude a contract for existing installations for a period prior to the conclusion of the contract? Can a municipal participation be concluded for electricity volumes that were fed into the grid before the contract was concluded?
The EEG 2023 does not provide a clear answer to this question. According to general case law, it is not prohibited to conclude contracts retroactively. It is only impermissible to conclude a contract retroactively if it is abusive, contrary to public decency or unlawful. A retroactive conclusion of a contract in accordance with Section 6 as of 1 January 2023 should therefore be permissible.
Do contracts that have already been concluded have to be renewed due to the new Section 6 EEG 2023?
No, this is generally not the case. The amendments to the EEG 2023 have no direct impact on most existing contracts. However, a more precise assessment depends on the agreements concluded in individual cases.
Does Section 6 EEG 2023 also apply to existing plants that were built before 2021, i.e. before municipal participation was first enshrined in law?
Yes, the regulation also applies to all ground-mounted systems that went into operation before 1 January 2021, i.e. regardless of the date of commissioning. §However, Section 6 EEG 2023 excludes structural systems and other special constellations such as floating PV systems for municipal participation. The regulation published in May 2023 Solar strategy of the BMWK however, already contains a note that suggests improvements.
What is the maximum age of the systems that can be used to conclude a contract?
Municipal participation also applies to older solar parks. The EEG defines a photovoltaic system regardless of when it was built. However, it is important that the transition phase between EEG 2021 and EEG 2023 is taken into account. You can find more information on this in our Supplement on the model contract (in particular on constellations in which a development plan is added later; Chapter IV. Date of conclusion of the contract and start of the term).
What information does the addendum to the model contract provide?
The supplement to the model contract contains explanations of individual sections of the contract and also provides important information for local authorities and companies. It provides a comprehensive overview of the contract options and helps with a better understanding of the entire contract.
Which municipalities are considered "affected" in connection with the model contract for the implementation of Section 6 (1) no. 2 EEG 2023?
Affected municipalities are those on whose municipal territory the ground-mounted photovoltaic systems of the solar park are located. If the solar park extends over several municipal areas, separate contracts must be concluded with each affected municipality. You can find more information on this in the supplement to the sample contract. You can find the supplementary sheet in the download area of this page.
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