Agrivoltaics Law
Contracts, Land Use and Property Rights
Agrivoltaics: Contracts and Land Rights
Tedioli Law Firm provides highly specialised civil-law assistance in the structuring of agrivoltaic projects, where agricultural land is subject to a functional overlap between farming activity and energy generation.
Our practice focuses on the drafting and negotiation of surface rights, long-term land use agreements and hybrid contractual models designed to preserve the legal and economic predominance of agricultural activity, in line with Article 2135 of the Italian Civil Code and with the regulatory logic underpinning advanced agrivoltaic systems.
Particular attention is devoted to contractual clauses governing agronomic continuity, access to inter-row areas, compatibility with mechanised farming, and monitoring obligations, as well as to the allocation of risks connected with incentives, authorisations and potential regulatory changes.
We regularly assist landowners, farmers, developers and investors in aligning private-law arrangements with the evolving national and EU framework on agrivoltaics, including CAP-related requirements on active farming and land eligibility.
We also advise on the use of Temporary Associations of Undertakings (associazioni temporanee di imprese, ATI) in agrivoltaic projects, where agricultural undertakings and energy operators need a coordinated contractual framework to manage land availability, authorisations, incentive requirements, governance rules and the continuity of farming activity.
These issues are explored in depth in our dedicated publications on the civil-law aspects of agrivoltaic contracts and on advanced agrivoltaic models in Italy, which reflect the analytical approach applied in our advisory and transactional practice.
Solar on Farmland and Floating PV
Alongside agrivoltaics, Tedioli Law Firm advises on ground-mounted photovoltaic installations on agricultural land and on floating photovoltaic (FPV) projects, which raise distinct legal issues in relation to land availability, agricultural use and the allocation of rights between owners, farmers and energy operators.
For ground-mounted PV projects, our activity focuses on the structuring of surface rights, lease arrangements, preliminary transfer agreements and option contracts, with particular attention to existing agricultural tenancies, statutory pre-emption rights, exclusivity of use and restoration obligations.
Floating photovoltaic projects require a different legal framework. As discussed in our analysis of floating photovoltaics in Italy, the use of water bodies for energy generation raises specific issues concerning access, maintenance, environmental liability, dismantling and the legal availability of the areas and infrastructure involved.
These issues become particularly significant where FPV systems are installed on irrigation reservoirs serving agricultural holdings. In such cases, the project must preserve the original irrigation function of the basin and coordinate energy generation with water use, agricultural activity and the rights of the parties involved. Our analysis of floating PV on irrigation basins in Italy examines these questions in the light of agricultural, civil and water law, including the legal basis for the use of the basin, access rights and the contractual allocation of operational responsibilities.
Our approach aims to ensure certainty of rights, bankability of projects and coherent risk allocation among landowners, farmers, developers and investors, while taking account of planning, water-law and sector-specific regulatory requirements
What we do
Advice on agrivoltaic and solar projects on farmland, including land availability, access and farming continuity.
Drafting and negotiation of surface rights, leases, options and preliminary agreements for agrivoltaics, ground PV and floating PV
Representation in civil litigation on performance, termination, liabilities, compensation and land use conflicts
Legal structuring of bankable frameworks and risk allocation between landowners, farmers, developers and investors
Contractual safeguards for authorisations, incentives and change-in-law or compliance risks.
Assessment and management of pre-emption/redemption rights and issues arising from existing agricultural leases