Energy Law

Emir Law & Consulting's attorneys possess deep expertise in EMRA regulations in Türkiye as well as national and international energy law, particularly in the field of renewable energy sources. Our firm focuses on solar power plant (SPP) projects and provides comprehensive legal support in this area. Energy law regulates in detail the use, production, trading, grid connection and taxation of renewable energy sources.

The Energy Market Regulatory Authority (EMRA) of the Republic of Türkiye is responsible for regulating and supervising the energy market, licensing processes and protection of competition. The Ministry of Energy and Natural Resources, together with its affiliated organisations and relevant public bodies, is responsible for the formulation and implementation of national energy policies. Proper relationship management with these two institutions forms the backbone of the project development process.

SPP Project Development Stages

Emir Law & Consulting guides its clients throughout the entire lifecycle of SPP projects. Bringing a successful SPP project to fruition is a complex process at the intersection of land law, administrative law and energy regulation:

• Land Acquisition and Leasing: Agricultural land status and conversion permits, title deed and cadastral reviews, preparation of long-term land leases and easement agreements.
• Preliminary Permission and Pre-Licence: TEİAŞ/DEDAŞ connection applications, preparation and follow-up of EMRA pre-licence files.
• EIA Process: Preparation of Environmental Impact Assessment applications; follow-up of EIA required/not required decisions.
• Zoning and Building Permits: Management of zoning permission and building permit processes with relevant municipalities and provincial special administrations.
• Licence Stage: Preparation of EMRA licence applications, deficiency completion and management of official correspondence.

EMRA Licensing and Regulatory Processes

Preparation of a licence application is a multi-stage process requiring technically and legally correct execution. Incomplete or incorrect applications lead to time loss and additional costs. Our firm specialises in: preparation and submission of pre-licence and licence applications, management of official correspondence with EMRA, deficiency completion and additional information processes, appeals to EMRA and administrative court actions in case of application rejection or cancellation, and representation in grid connection disputes.

EPC, PPA and Financing Contracts

One of the critical documents determining the success of an SPP project is comprehensively negotiated contracts. Our firm provides services in: preparation of Engineering-Procurement-Construction (EPC) contracts and representation in contractor negotiations, structuring of power purchase agreements (PPAs), credit and security agreements with banks and financial institutions, project partnership (SPV) agreements, shareholder and share transfer agreements, and preparation of operation and maintenance (O&M) contracts.

YEKDEM and Renewable Energy Incentive Mechanisms

Renewable energy producers in Türkiye may benefit from the fixed-price guarantee under the Renewable Energy Resources Support Mechanism (YEKDEM). Unlicensed generation and net metering applications for sub-1 MW rooftop/facade SPP systems are subject to a separate regulatory regime. New legislation and licensing processes for energy storage (battery) systems are also regularly communicated to our clients.

Tax and Customs Benefits

Proper tax planning in SPP projects directly affects project feasibility. We advise on VAT exemptions and customs duty exemptions under the investment incentive certificate, sector-specific corporate tax reductions and regional incentives varying by investment zone. Correct structuring of the project company (SPV) provides critical advantages for both tax and contract management.

Dispute Resolution

Disputes arising from SPP projects may encompass administrative actions, contractual disputes, damages claims and arbitration proceedings. Our firm provides full support in: annulment and full remedy actions before administrative courts against EMRA and Ministry decisions, resolution of disputes arising from EPC and PPA contracts, representation in land disputes and expropriation cases, international arbitration (ICC, ISTAC) and domestic arbitration proceedings, and contractor and supplier receivable disputes.

Our Services

• SPP project development and land acquisition/leasing processes
• Preparation, follow-up and appeal of EMRA pre-licence and licence applications
• EIA process, zoning and building permit procedures
• All administrative and legal procedures relating to SPP establishment
• Drafting and negotiation of EPC (Engineering-Procurement-Construction) contracts
• Structuring of power purchase agreements (PPAs)
• Financing, credit agreements and project partnership agreements
• YEKDEM, net metering and unlicensed generation regulatory advisory
• Investment incentive certificates, VAT exemptions and customs duty exemption processes
• Resolution of disputes arising from SPP projects and litigation management
• Licensing support for renewable energy (wind, biomass, geothermal) projects
• Energy storage systems licensing and regulatory advisory

Why Emir Law?

Our firm provides comprehensive legal advisory to its clients in the solar energy sector. With our experienced team of attorneys, we deliver practical, commercial and results-oriented legal support at every stage from the establishment to the operation of SPP projects. Our team, with command of EMRA regulations, TEİAŞ/DEDAŞ connection processes and renewable energy incentive mechanisms, minimises the legal risks of your projects while accelerating your processes.