The problem
Site restoration: civil, environmental and lease law
Civil works, balance-of-plant, land restoration and landlord security sit entirely outside the Battery Regulation. They are governed by general civil, environmental and lease/contract law — often regional as well as national — and by the ground lease itself.
Outside Regulation (EU) 2023/1542
The last stretch before “compliant” for a ground-lease BESS is not Art. 58(7). It is the site: foundations, cabling, conversion equipment, and the landowner’s recourse if the SPV disappears.
What to read
- Outside Regulation (EU) 2023/1542
- General civil, environmental and lease/contract law
Where LOOBA sits
Tier 2 — optional Site Restoration Assurance — covers a separately scoped site decommissioning reserve, landowner/lessor co-beneficiary designation, and SPV change-of-control protection.
Orientation for professional counterparties. Not legal advice.