Legal Services
Energy & Regulatory
Specialist legal advisory for energy projects — photovoltaic, wind and other renewables — from permitting and licensing through to contracting and ANRE compliance.
Key facts
- ~330 MW photovoltaic capacity authorised
- 5 utility-scale projects completed
- ANRE compliance + EU legislation
- Permitting · Licensing · PPA · Due diligence
The renewable energy sector requires specialist legal expertise
Romania has enormous renewable energy potential and an ever-evolving regulatory framework — a combination that creates significant opportunities but also considerable legal risks for investors unfamiliar with local specifics.
Boian, Gaina & Associates SPARL has accumulated direct experience in supporting utility-scale photovoltaic projects — from initial legal structuring, through the complex permitting process, to financing and commissioning. With approximately 330 MW of authorised capacity in our experience portfolio, we understand not just the legal framework, but the practical realities of an energy project in Romania.
We work with project developers, investment funds and multinational companies entering the Romanian energy market.
“A successful photovoltaic project depends not just on sun and panels — it depends on correctly navigating an extremely fragmented permitting process.”
Boian, Gaina & Associates SPARL
Services
What we cover
Energy project permitting & authorisation
Managing the complete permitting process — feasibility study, technical grid connection approval (ATR), building permit, connection certificate. Coordination with Transelectrica, distribution operators, municipalities and ANRE.
ANRE licensing & compliance
Obtaining electricity production licences, supply licences and establishment authorisations from ANRE. Ongoing compliance with reporting obligations, licence conditions and regulatory requirements.
Power Purchase Agreements (PPA)
Negotiating and drafting PPA contracts — corporate PPA, utility PPA, OPCOM market contracts. Pricing structures, adjustment clauses, performance guarantees, exit mechanisms and force majeure.
Energy project due diligence
Legal review of projects under acquisition — property title/surface right, permit and authorisation status, grid connection agreements, building permits, environmental compliance.
Project financing & legal structuring
Legal structuring support for bank financing or investment fund structures — SPV, security interests, receivable assignments, project documents (construction contract, O&M agreement, EPC).
Representation before regulatory authorities
Representation in administrative proceedings before ANRE, the Ministry of Energy, Transelectrica, CNSC. Challenging unfavourable decisions, requesting clarifications and official interpretations.
Why Boian, Gaina & Associates
Proven utility-scale project experience
~330 MW of authorised photovoltaic capacity — not theory, but real projects completed in Romania, with all the complexities of the local permitting process.
Integrated perspective: legal + tax + corporate
An energy project involves SPV structuring, tax optimisation, complex contracts and due diligence simultaneously. We cover all these dimensions without depending on coordination with external firms.
Knowledge of the evolving regulatory framework
Romanian energy legislation changes frequently — support schemes, OPCOM rules, ANRE requirements. We actively monitor legislative changes and inform clients promptly.
Regulatory authority relationships
Experience across multiple projects has given us a deep understanding of how ANRE, Transelectrica and distribution operators function — essential for navigating permitting processes efficiently.
Frequently Asked Questions
- Q
What authorisations are required for a solar park in Romania?
The authorisation process for a photovoltaic park involves primarily: the technical grid connection approval (ATR) from the grid operator, the urban planning certificate and building permit from the municipality/county council, environmental approvals, site agreement and establishment authorisation from ANRE. Total duration ranges from 18 to 36 months, depending on project size and permit status.
- Q
What is a PPA and why do I need one?
A Power Purchase Agreement is a long-term contract under which energy produced from a renewable source is sold directly to a buyer (company or utility) at a fixed or indexed price. Corporate PPAs give producers revenue stability and buyers certainty on energy costs, independent of OPCOM market volatility.
- Q
What is the current support framework for renewable energy in Romania?
The green certificates scheme, though significantly modified from its original form, remains active for accredited projects. Contracts for Difference (CfD) mechanisms are also being implemented in accordance with EU directives. The framework evolves — it is essential to assess the specific situation of each project based on its permitting stage.
- Q
Can I acquire a partially permitted photovoltaic project?
Yes, acquisitions of projects in the permitting process (greenfield or mid-stage projects) are common. They require careful due diligence of permit status, transferability of acquired rights, obligations assumed toward grid operators and any penalty or forfeiture clauses in permitting documents. We assist with risk assessment and transaction structuring.
Do you have an energy project or want to enter the Romanian energy market?
Contact us for an initial project assessment — we respond the same day.