About
The Agreements on Solar Power Systems have been developed by the Norwegian Property Federation in collaboration with the Norwegian Association of Real Estate Agents and the Forum of Commercial Real Estate Agents. These agreements are intended to be included as additional agreements to the standard lease agreements for commercial leases drafted by the same parties. They establish a framework for integrating solar energy solutions into commercial properties and for sharing the produced solar energy with the lessees.
The primary purpose of these agreements is to establish obligations for the lessees to purchase solar energy produced on the property from the lessor. The agreements also include pricing structures designed to reflect the average total cost of electricity from the grid, ensuring that the lessees do not incur higher costs compared to purchasing electricity from the grid.
Any surplus power is sold back in the market. In multi-tenant buildings, it is arranged for the lessor to sell the surplus power, while the lessee is to resell the surplus power in single-tenant buildings.
The agreements also set out each of the parties' obligations regarding operation, maintenance and replacement.
To facilitate ongoing collaboration between the lessor and the lessee, the agreements require the parties to hold annual meetings to discuss the performance of the solar power system and explore additional environmental measures that could be implemented during the lease term. This proactive approach aims to foster a partnership that not only benefits the individual parties but also contributes to achieving sustainability goals within the commercial real estate sector.
In summary, the Agreements on Solar Power Systems are a vital tool for property owners and lessees to navigate the transition to renewable energy, particularly in light of the Revised Energy Performance of Buildings Directive, which mandates that new commercial buildings shall be equipped with solar power systems starting from 2027.
Who does it impact?
Lessors and lessees of commercial properties.
Status: In force
The current (first) version of the Agreements on Solar Panels was launched in February 2024.
Thommessen's comments
The Agreements on Solar Power Systems are essential tools for owners of commercial buildings who have already installed or are planning to install solar power systems on their properties. While most commercial lease agreements grant the lessor the right to establish installations, such as solar power systems on the property, without the lessees having the right to object, the Solar Power System Agreements ensure that lessees are obligated to purchase the produced energy from the lessor. Furthermore, a new optional clause has been added to the latest standard lease agreement for commercial leases (Nw. Meglerstandarden), published 24 June 2025 (8th edition 06/25), allowing landlords to undertake environmental upgrades during the lease term and apportion the costs of energy‑efficiency measures among tenants. This helps ensure the cost-effectiveness of the lessor's investment over time, which is essential to justify the economic sustainability of installing solar power systems. Lack of profitability is highlighted by the industry as a key barrier to the development of solar energy.
In light of the expected requirements for the installation of solar panels on commercial buildings as outlined in the Revised Energy Performance of Buildings Directive, it is important for lessors to secure their future rights to produce solar power and to establish obligations for lessees to purchase the produced electricity when entering into new long-term lease agreements. Thommessen therefore recommends that building owners, even if they currently have no concrete plans to produce solar energy, include a brief clause in this regard in future lease agreements. The clause should, as a minimum, state that the lessor may establish solar power systems on the property, and that the lessee – in the event such systems are installed – are obligated to purchase the produced energy from the lessor. Our overall impression is that most lessees are positive about such clauses, provided they are assured that the power will be purchased at the same price as from the grid.