02 Jan The blue contract for solar projects
The blue contract for solar projects
by George Coucounis
“The long-term lease contributes to the utilization of the property for the construction and operation of a solar park and ensures income for the owner’’
Owners of agricultural plots of land which are essentially inactive, are increasingly showing interest in their long-term lease, by entering into the well-known blue contract, for the construction and installation of solar parks for the production, transmission and distribution of electricity from renewable sources. The duration of such a lease is for a period of usually 30 years and the property is developed and provides income to the owner. The agreement and the lease created under it may be registered as an encumbrance in the Land Registry under article 65B of the Immovable Property Law, Cap. 224, at the initiative of the lessee, who pays the stamp duty and the fee for the registration of the lease. The lessor secures the tax release certificate – including N.313 from the Tax Department, and the relevant receipts for payment of community fees, water consumption and sewerage charges. He also arranges for the cancellation of any impediment to such registration and consents to the mortgage of the plot by registering a mortgage or other encumbrance on the long lease and the tenant’s interest created thereby.
Rent and obligations payable: The rent paid by the lessee to the lessor for the licencing period is a nominal amount, plus VAT, payable in advance and thereafter for the remaining period of the lease the rent is calculated based on the extent of the plot, it is payable quarterly in advance, with an increase from the third year to take into account inflation based on the annual consumer price index of the Republic of Cyprus. If the CPI is positive the rent increases accordingly, but if it is negative there is neither an increase nor a decrease in the rent. The lessee withholds from the rent and pays to the State the special defence contribution of 2.25%, as well as the 2.65% contribution to the GESY, on the rent payable. Utility bills relating to the use of the plot of land are paid by the lessee, while taxes, levies and fees relating to the ownership are paid by the lessor.
Landlord’s representations: The lessor makes representations to the lessee that he is the exclusive beneficiary of the entire share of the plot and that he retains exclusive physical and legal possession of the plot, which he hands over to the lessee upon signing the contract. The plot is free from any encumbrances, charges, notes on the registration, including pending Land Registry proceedings, rights for the benefit of another plot or person and no prohibition affects it. There is no trust in force relating to or affecting the plot and there is no pending action, Land Registry application/appeal, recourse, hierarchical recourse, boundary dispute, consolidation scheme, requisition or compulsory acquisition of the plot or application for correction of error or legal proceedings or arbitration that it is instituted by any person, Authority or by the lessor.
Applications: The lessor authorizes the lessee and consents to the submission of all applications deemed necessary before the competent Authorities for the use of the plot for commercial purposes, for the construction, installation and creation of one or more solar parks and/or stations of any capacity, for the production, sale and supply of energy generated through solar panels from renewable energy sources, or for any other supplementary or supporting use for the project. For this purpose, the lessor grants a power of attorney to the lessee and declares that he agrees that any personal data will be used for the lessee’s purposes as required by the General Data Protection Regulation EU2016/679 and the privacy agreement signed between the lessor and the lessee.
Termination: The lessee shall have the right to terminate the contract by written notice to the lessor and be released from it, without any right or claim against him, in particular in the event of rejection of an application or a negative response to the issuance of any permit in respect of the project or its permitted use by any competent Authority or if the construction of the project on a significant part of the plot is impossible or inadmissible or if the cost of connecting the project to the EAC network or to the Distribution and Transmission System is in the lessee’s opinion undesirable.
Specific Performance: The contract is eligible for specific performance and may be ordered specific performance under article 76 of the Contracts Law, Cap.149 and/or the Sale of Land (Specific Performance) Law, L.81(I)/2011.