All insights

Transactions & diligence

Land rights for Ukrainian solar, wind and battery acquisitions

Test land rights across a Ukrainian energy project’s site, roads, cables and substation, including registration, remaining terms and gaps before acquisition.

Jurisdiction: Ukraine. Sources reviewed . Periodic review required. Next scheduled editorial review: . Material rule changes require earlier review.

A lease for the main site is not a complete land package if the project also needs roads, cable corridors, a substation or access for maintenance. An investor should test rights against the entire physical and operating footprint, the company acquiring them and the period assumed in the financial model.

For an owner preparing a sale, the useful deliverable is a land-rights schedule tied to the design and transaction perimeter. A folder of leases without that reconciliation leaves the buyer to discover whether essential parts of the project sit outside the documented rights. Ukrainian legal sources were checked through Mitralex on 31 October 2026.

Reconcile three different records

Start with the design footprint, the parcel/cadastral record and the registered rights. They answer different questions: where the infrastructure is intended to sit; how the land is identified; and who holds the relevant right. Match entity names, parcel identifiers, plans and amendments. Registration of a right does not itself establish that the current project layout or intended activity fits its scope.

Article 125 of the Land Code provides that ownership, permanent-use and lease rights arise upon state registration. A signed lease should therefore be reconciled with the registration evidence for the relevant right, not treated as the complete answer. Obtain current information on encumbrances and restrictions through the appropriate diligence process; a historic extract cannot establish that nothing has changed since it was issued.

Ask the technical team to mark every required interface, including works that are temporary during construction but essential to delivery. Keep precise infrastructure routes and sensitive cadastral/location information in controlled disclosure. A public article or teaser needs only an anonymised description of the workstream.

Build one footprint-to-rights matrix

Table — scroll horizontally if needed

ComponentPhysical scope to map privatelyRight and holder to establishMain transaction question
Solar or battery siteEquipment, clearances, access and planned expansionOwnership, lease or other applicable rightDoes the permitted scope cover the actual configuration?
Wind turbine positionsFoundations, working areas and service accessRight for each necessary areaAre all positions covered rather than only the headline site?
Roads and delivery routeConstruction traffic, cranes and later component replacementRelevant access rights and conditionsCan the project be built and maintained throughout its life?
Cables and line routeFull route, crossings and maintenance accessApplicable rights over each affected areaIs there a gap between the plant and the connection point?
Substation and interfacesSite, boundary equipment, operator accessDefined holder and allocation of obligationsDoes the SPV control or have an enforceable route to use it?
Temporary worksLaydown, storage, work compounds and restorationRights for the actual construction periodDoes a short-term arrangement expire before delivery is possible?

The matrix is a diligence tool, not a statement that one form of right is legally suitable for every component. Counsel should check the land's category/intended purpose, restrictions, grant procedure and the proposed works. Do not assume that calling an asset "movable" resolves every land, construction or operational requirement.

Read scope, term and payments together

Article 93 of the Land Code defines a lease as contractual, time-limited, paid possession and use. Article 15 of the Land Lease Law identifies essential terms including the leased object, agreement date and term, and rent arrangements. Review the complete agreement and amendments, not only a commercial summary.

For each right, record commencement, remaining term, rent/indexation, arrears, termination events, renewal mechanics and any conditions relevant to transfer, security or a change in the project. A renewal expectation is not the same as an existing secured term. Do not model unconditional cash flow beyond the documented period without identifying the legal route, required action and downside if extension fails.

Distinguish the term of a land right from the term of a construction permission or grid agreement. A project can pass one test and fail another. Also compare the initial build and future intervention: a delivery route suitable for today's equipment may not be documented for replacement of a major component years later.

Treat corridor and access rights as assets with limits

Article 98 of the Land Code describes a land servitude as limited use of another's land, potentially paid or free and permanent or time-limited. Its scope is not equivalent to ownership or a general right to use the whole parcel. The checked text also limits a servitude agreed with a land user by that user's own land-use term.

Consequently, read a cable/access arrangement against the intended works, access frequency, repair and replacement requirements, beneficiaries, payment obligations and duration. Establish the appropriate right and registration route with counsel. A neighbour's informal permission or a line drawn on a plan should remain an unresolved item rather than a completed legal right.

A synthetic gap that changes the offer

Suppose an SPV presents a main-site lease with 18 years remaining. The acquisition model assumes 20 years of operation. A cable corridor is documented for eight years, while the construction access arrangement expires in two. These figures are educational, not a Ukrainian project record.

There are three separate issues: the model exceeds the main-site term; the corridor can constrain the operating period sooner; and the access arrangement may fail during delayed construction. The answer is not simply to average the terms or deduct two years of revenue. Assess extension/alternative-route feasibility, cost, timing, consent and the downside if the gap cannot be closed.

Table — scroll horizontally if needed

IssueEvidence neededResponse to evaluate before commitment
Main-site term shorter than modelFull term/renewal analysis and holder authorityExtend the secured right or change the model
Corridor expires earlierValidity, beneficiary and executable extension/alternative routeA defined completion condition and cost allowance
Access may expire before deliveryConstruction programme and effective access arrangementResolve before equipment logistics become irreversible
A right is held by another group companyActual use/transfer route and required consentsBring the right within the transaction perimeter

Link the land schedule to closing and future financing

For an SPV acquisition, examine the rights already held by that company and relevant contractual conditions. For an asset deal, establish how each essential right will be transferred, replaced or otherwise made available; equipment ownership alone does not resolve that route. Do not describe either structure as automatically superior.

Assign each gap a responsible person, document, target date and acceptance criterion. A condition such as "land secured" is too broad when the buyer needs several distinct rights. Reflect unresolved cost and delay in the funding plan; an indemnity alone may not create a missing route or deliver access when it is needed. Reconcile the final rights schedule with the technical layout at signing and again at the relevant completion milestone.

Use the RTB evidence guide, data-room checklist and acquisition process. Discuss your mandate with the minimum land-rights evidence and remaining-term requirements for your intended investment.

Privacy policy · Cookie policy