What documents are required for solar power plant construction supervision?

Author: Vitalii Bulat, Partner, Attorney, Head of Litigation Practice at Fedotov & Partners

Solar energy in Ukraine remains a key area for the development of renewable energy sources, despite the complex challenges of martial law and the transformation of the electricity market. Investors and landowners are increasingly viewing ground-mounted solar power plants (SPPs) as a tool for energy independence and economic viability.

However, launching such a plant is not just a matter of technology and equipment; it is, first and foremost, a legally complex process that requires strict adherence to permitting procedures and proper documentation.

In this article, we will walk you through the legal step-by-step process for constructing and commissioning a ground-mounted SPP as of 2025.

What documents are required for the land plot to build an SPP?

Construction of a ground-mounted SPP is only possible on a plot with the appropriate designated use. For the placement of a solar power plant, the "energy lands" category is typically used. If the designated use does not match, you must go through the procedure to change it.

The owner or tenant must confirm their right to the plot with one of the following documents:

• an extract from the State Register of Proprietary Rights (SRPR);
• a lease agreement;
• a state deed of ownership or an extract.

Legal focus: without properly established land rights, it will be impossible to obtain urban planning conditions or technical specifications.

Design data (Art. 29 of the Law "On Regulation of Urban Planning Activities")

Before starting the actual design of a solar power plant, the client is required to obtain initial design data. These form the legal and technical foundation of the future project and define the key parameters for development. Central to these documents are the urban planning conditions and restrictions:

Urban Planning Conditions and Restrictions (UPCR)

Issued by local architectural authorities. The application is submitted via the Diia portal. It must be accompanied by:

• a copy of the land document (ownership/lease/superficies);
• (if applicable) a document for the building or the owner's consent for reconstruction;
• an excerpt from the 1:2000 scale topographic and geodetic plan.

Urban planning conditions must be registered in the Construction Activity Register and remain valid until construction is completed.

Technical Specifications (TS)

These define the requirements for utility infrastructure, including electricity, water, gas, sewage, and telecommunications. 

Project Development and Expert Review

Project documentation is developed in compliance with all construction and energy regulations.

Expert review is mandatory for consequence class CC2 and CC3 projects (medium and high consequences). For CC1 (minor consequences), an expert review is not required.

An Environmental Impact Assessment (EIA) may also be required, depending on the capacity of the solar power plant and the site location. This procedure involves preparing a report and conducting public consultations.

Construction Permits

Once project documentation has been developed and approved, the next step is to obtain the legal authorization to begin construction. Requirements depend on the project's consequence class, which determines the specific document needed:

• CC1 – submitting a notification of the commencement of construction is sufficient.
• CC2/CC3 – a construction permit is required.

Processing is handled through the Unified State Electronic System in the Construction Sector (USESCS) in accordance with Cabinet of Ministers Resolution No. 466.

Construction Works and Supervision

During construction, monitoring quality and compliance with the approved project documentation is critical. The law requires the client to organize proper supervision, without which the facility cannot be commissioned. Specifically, the client must ensure:

• technical supervision – performed by a certified engineer;
• architectural supervision – performed by the general designer.

Maintaining work logs and monitoring compliance are mandatory requirements for commissioning the facility.

Geodesy and Technical Inventory

In the final stages of construction, it is essential to verify that the built facility complies with the design solutions and legal requirements. To this end, geodetic surveys and technical inventory are conducted, which are mandatory for projects with medium and high consequence classes (CC2/CC3):

• as-built geodetic survey;
• Technical inventory and preparation of the technical passport.

The results are entered into the Construction Activity Register.

Commissioning

Once construction is complete, the official commissioning of the facility is a mandatory step. The legal framework depends on the consequence class, which determines the documentation process:

• CC1 – submission of a declaration of readiness.
• CC2/CC3 – issuance of a certificate of readiness. This requires the preparation of a Certificate of Readiness, signed by the client, contractors, designers, and supervisors.

How do you connect a solar power plant and sell the electricity produced?

The final stage of launching a solar power plant is its integration into the energy grid and setting up the sale of the electricity produced. This is where investors face the most practical questions, ranging from technical connection requirements to choosing a sales model: through auctions or direct power purchase agreements. For individuals installing residential solar power plants with a capacity of up to 50 kW, the connection and documentation process is simplified and involves:

For individuals (residential solar power plants up to 50 kW):

For owners of private homes or small farms, the law provides a simplified procedure for commissioning a solar power plant. This allows the plant to be connected to the distribution system operator's grid and enables the sale of surplus electricity. The key is to meet the technical requirements of the distribution system operator and finalize contracts in a timely manner. In practice, this process consists of the following steps:

• connection agreement with the distribution system operator;
• installation of a metering unit;
• submission of an application for the feed-in tariff;
• execution of a power purchase agreement under the feed-in tariff;

For legal entities and large-scale solar power plants:

For large solar power plants and legal entities, the law imposes additional requirements to ensure grid stability and business transparency. Failure to comply with these requirements makes it impossible to put the plant into commercial operation and may lead to sanctions from the NEURC or the distribution system operator. In such cases, in addition to the basic document package, the following must be prepared and processed:

• connection agreement;
• metering unit meeting distribution system operator requirements;
• equipment compliance certificates;
• electricity generation license (if the capacity threshold set by the NEURC is exceeded);
• contracts with PrJSC NPC UKRENERGO, which are mandatory for market participation (transmission services agreement, imbalance settlement agreement, and dispatch (operational-technological) management services agreement).
• electricity distribution and purchase agreements.

Important: new feed-in tariff contracts are no longer being concluded. New power plants must participate in auctions or enter into direct power purchase agreements with buyers.

Risks and mistakes for investors in the solar energy sector

Despite a clearly defined legal framework, the practical implementation of solar power plant projects shows that investors and developers often face difficulties due to formal documentation errors, misinterpretation of regulations, or the omission of mandatory procedures. Such missteps not only delay project delivery but can also lead to the refusal of facility commissioning or even litigation with government authorities and counterparties. The most common investor risks and mistakes include:

1. Incorrect land zoning → refusal to issue urban planning conditions and restrictions.
2. Ignoring environmental impact assessment (EIA) requirements → inability to commission the facility.
3. Absence or improper technical supervision → fines and refusal of the certificate of readiness.
4. Use of equipment without certificates → issues with grid connection.
5. Failure to conclude agreements with the DSO and TSO (UKRENERGO) on time → delay in the commercial operation of the plant.

Building a ground-mounted solar power plant is a complex process involving land, urban planning, construction, and energy-related aspects. A mistake at any stage can block the entire project or lead to legal disputes.

The Fedotov & Partners team has practical experience in supporting such projects—from analyzing land issues and obtaining permits to representing clients in court disputes with regulatory bodies or counterparties.

Recommendation: when starting a project in 2025, engage legal counsel at the planning stage—this will save time and money while helping you avoid critical risks.