Accelerating the renewable energy transition with BayWa r.e. legal teams

Jenny Allan, our Head of Legal UK & Ireland, shares how her team are shedding legal stereotypes. Legal teams are enabling and facilitating projects at every stage; there’s never been a better time to work in renewables…

BayWa r.e. handles legal work differently. We are not siloed into corporate law teams, property law teams, and so on. Instead, our lawyers commit to projects; we’ll support a project from site analysis and planning through to development, construction, energy marketing and sale.

The changing face of renewable energy project law

This achieves two things. First, it gives us each a holistic view of the projects we’re working on. We know all their moving parts and potential sources of risk. Secondly, it means we’re part of the project team and saying ‘yes!’ to allow projects to progress, working on solutions at every stage.

In practice, this means we get involved as early as possible. On greenfield developments, we’re helping developers assess potential sites and negotiate with landowners. If we’re acquiring projects into the portfolio, we act as commercial advisors from day one. We’re guiding the discussions which then inform legal documentation.

Either way, the team works hard to keep standards high. At any given stage of a project, we’ll be looking for additional opportunities and challenging risks. There’s lots of due diligence, especially when changes in one area of a development might impact other areas. Legal maintains a bird’s-eye view of the contractual and commercial arrangements for the project.

Making sure the law works for all stakeholders

Acting as project lawyers with a range of experience and legal backgrounds changes the way we work with people. We’re part of the project team and being team players means staying pragmatic. The best drafting, or the best legal position, isn’t always what is best for the project. This is where today’s legal approach really moves on from the risk-averse lawyer clichés. Our goal is the same as the rest of the project team’s: getting a deal done and projects built.

We stay flexible in our approach, we are solutions-oriented, and we adapt to a rapidly changing landscape. When a project pivots, lawyers have to be ready to facilitate that change in direction. Translating what the law requires and what our contracts mean, in plain accessible language for all stakeholders, is a cornerstone of our work.

There are challenges, of course. Some obstacles like grid connectivity and planning delays simply can’t be negotiated with. Wherever these big issues loom, we enable faster, smarter decisions through pragmatic and governance and speedy legal advice. All this happens across our full range of onshore technologies (wind, solar and BESS), so we work together and rely on each other’s professional knowledge and experience.

Driving change, boosting economies, developing careers

I’m from Aberdeenshire and I grew up around the oil industry, so my whole professional journey has been about change. I’ve never regretted my decision to go straight into renewables. This is a great industry for Scotland, and provides brilliant opportunities for the whole of the UK and Ireland. Maybe the proudest thing about the role is seeing new colleagues develop and working towards that same sense of satisfaction.

It’s a challenging but exciting time for the industry and sure, the scope of the job in-house is far broader than in private practice, demanding proficiency and versatility across multiple areas of law. But the rewards, both professional and personal, are immense, and no two workdays are alike.

Whatever shape UK and Irish policy takes over the coming years, technological evolution means renewables are only set to grow. The opportunities are here, with freedom to really define your own career. And of course, you’re doing something truly worthwhile at one of the most important points in history.

Legal teams are making renewable energy happen, all over the world. So, next time you drive past a wind or PV farm, you can have a guess at how many people were involved behind the scenes! We’re doing our bit, because only real team effort will get us to our net zero goals.

I was proud to see the BayWa r.e. UK & Ireland Legal team shortlisted for in-house legal team of the year in the Scottish Legal Awards 2024. It is a true testament to the team’s hard work and dedication to renewable projects throughout the entire development lifecycle. We look forward to celebrating this recognition at the award ceremony later this month, recognising excellence in Scottish Law across a variety of organisations.