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Leasing Land for Agrivoltaics: FAQ for Landowners in Germany

5 min read · Updat­ed on

Leas­ing land for agri­v­oltaics in Ger­many rais­es prac­ti­cal, legal and tax ques­tions. Below, Ylek­tra answers the 25 ques­tions landown­ers and farm­ers ask us most often.

As a devel­op­er, EPC con­trac­tor (engi­neer­ing, pro­cure­ment and con­struc­tion), investor and oper­a­tor of agri­v­olta­ic (Agri-PV) sys­tems, Ylek­tra works with landown­ers across Ger­many. Whether you are con­sid­er­ing a solar land lease for the first time or com­par­ing offers, this FAQ explains how leas­ing land for agri­v­oltaics works.


General questions

1. What is an agrivoltaic system?

Agri­v­olta­ic sys­tems com­bine farm­ing and solar pow­er gen­er­a­tion on the same land. The field con­tin­ues to be used for crops or graz­ing while the solar mod­ules pro­duce renew­able elec­tric­i­ty.

The Ger­man stan­dard DIN SPEC 91434 dis­tin­guish­es two main cat­e­gories of agri­v­olta­ic sys­tems:

  • Cat­e­go­ry I: ele­vat­ed sys­tems that allow farm­ing under­neath the solar mod­ules.
  • Cat­e­go­ry II: ground-lev­el sys­tems (axis height of at least 2.10 m) where farm­ing takes place between the rows of mod­ules. Ylek­tra builds and oper­ates Cat­e­go­ry II sys­tems.

2. What are the benefits for me as a landowner?

  • Addi­tion­al, reli­able income from the lease.
  • A long-term use per­spec­tive for your land.
  • A con­tri­bu­tion to the ener­gy tran­si­tion and to sus­tain­able agri­cul­ture.

3. Does the system restrict agricultural use?

No. The agri­v­oltaics con­cept is designed so that farm­ing con­tin­ues. We adapt the sys­tem design to your agri­cul­tur­al pro­duc­tion and ensure that at least 66 % of the usu­al agri­cul­tur­al yield is still achieved, as required by DIN SPEC 91434.

4. Who develops the agricultural concept and makes sure it is implemented?

The agri­cul­tur­al con­cept is usu­al­ly devel­oped joint­ly by the landown­er, the lessee and, where appro­pri­ate, agri­cul­tur­al advi­sors. Imple­men­ta­tion is secured through reg­u­lar expert inspec­tions and pro­vi­sions in the lease agree­ment.

5. Does the landowner have to farm the land personally?

No. The landown­er is offered the option of farm­ing the land between the mod­ule rows. If you do not wish to do so, Ylek­tra takes over this task and con­cludes a ser­vice con­tract with a farmer to cul­ti­vate the land.

6. How is it ensured that the agricultural concept is maintained throughout the subsidy period?

The lease agree­ment can spec­i­fy reg­u­lar reviews and report­ing to ensure the agri­cul­tur­al con­cept is imple­ment­ed con­tin­u­ous­ly. Penal­ties for non-com­pli­ance can also be agreed.

7. How long does a typical lease last?

Leas­es for agri­v­olta­ic projects typ­i­cal­ly run for 20 to 40 years, depend­ing on the indi­vid­ual agree­ment.

8. Who is responsible for operation and maintenance?

Ylek­tra, or a ser­vice provider com­mis­sioned by Ylek­tra, is respon­si­ble for oper­at­ing and main­tain­ing the agri­v­olta­ic sys­tem.

9. What happens if I want to sell the land?

You can sell the land at any time. The lease agree­ment remains in force and pass­es to the new own­er. The dual use for ener­gy and agri­cul­ture typ­i­cal­ly increas­es the val­ue of the land.


Technical questions

10. How are the solar modules installed?

The mod­ules are mount­ed on steel struc­tures that allow mech­a­nised farm­ing between the rows. The steel posts are not set in con­crete but dri­ven into the ground.

11. How is the electricity transmitted from the system?

The elec­tric­i­ty is fed into the pub­lic grid at the near­est grid con­nec­tion point. We take care of all nec­es­sary per­mits and con­nec­tions.

12. How long does the permitting process for an agrivoltaic system usually take?

The dura­tion depends on local reg­u­la­tions and on the com­plex­i­ty of the project. As a rule, the process takes sev­er­al months up to a year. Our guide to DIN SPEC 91434 explains the tech­ni­cal require­ments in more detail.

13. Is agrivoltaics easier to permit than a conventional ground-mounted solar farm?

Agri­v­olta­ic sys­tems can have advan­tages in the per­mit­ting process because the land remains in agri­cul­tur­al use. How­ev­er, the pro­ce­dures are often sim­i­lar­ly com­plex to those for con­ven­tion­al ground-mount­ed solar farms. The spe­cif­ic require­ments depend on the local author­i­ties and the legal frame­work.

14. What happens to the system at the end of the lease?

At the end of the term, the sys­tem is dis­man­tled at our expense and the land is restored to its orig­i­nal con­di­tion, unless an exten­sion of the agree­ment is agreed.

15. How is dismantling guaranteed after the lease ends?

The lease agree­ment con­tains a dis­man­tling oblig­a­tion that requires the lessee to remove the solar sys­tem at its own expense and restore the land. In addi­tion, a dis­man­tling guar­an­tee (decom­mis­sion­ing bond) is agreed as finan­cial secu­ri­ty for the landown­er.


Legal and financial questions

16. Who pays for installing and operating the system?

Ylek­tra bears all costs for the instal­la­tion, oper­a­tion and main­te­nance of the agri­v­olta­ic sys­tem. As a landown­er, you have no finan­cial out­lay.

17. How much rent will I receive?

The rent depends on fac­tors such as the size and loca­tion of the land and the expect­ed ener­gy yield. We offer fair, mar­ket-stan­dard terms.

18. Do I need a special permit to lease my land?

Ylek­tra clar­i­fies all legal and per­mit­ting ques­tions for you.

19. Do I have to pay tax on the lease income?

Yes, lease income is tax­able. We rec­om­mend con­sult­ing a tax advi­sor about your indi­vid­ual sit­u­a­tion.

20. What are the inheritance and gift tax consequences if the land is used for agrivoltaics?

Whether the land con­tin­ues to be clas­si­fied as agri­cul­tur­al and forestry assets depends on the design of the agri­v­olta­ic sys­tem. Under the iden­ti­cal decrees of the Ger­man fed­er­al states of 15 July 2022 (Fed­er­al Tax Gazette Part I, page 1226), land car­ry­ing sys­tems clas­si­fied as Cat­e­go­ry I or II agri­v­olta­ic sys­tems under DIN SPEC 91434 is treat­ed as agri­cul­tur­al and forestry assets. This results in sig­nif­i­cant tax advan­tages com­pared with leas­ing the land for a con­ven­tion­al ground-mount­ed solar farm. Fur­ther details are avail­able in the NWB data­base (in Ger­man).

21. What risks does a landowner face when leasing land for a solar system?

Pos­si­ble risks include lia­bil­i­ty for dam­age or acci­dents (Ylek­tra takes out all-risk insur­ance for this), tax con­se­quences of high­er lease income, ensur­ing dis­man­tling at the end of the lease (cov­ered by a dis­man­tling guar­an­tee) and the long-term com­mit­ment, which may restrict future use of the land. Sell­ing the land, how­ev­er, is always pos­si­ble (see ques­tion 9).

22. Is it better to sell the land than to lease it?

A sale gen­er­ates a one-off pay­ment, while a lease pro­vides reg­u­lar, long-term income. The deci­sion depends on your finan­cial goals, tax con­sid­er­a­tions and plans for the land. We rec­om­mend dis­cussing both the finan­cial and tax aspects with an advi­sor. Ylek­tra is open to both leas­ing and pur­chas­ing land. Our arti­cle on leas­ing agri­cul­tur­al land for PV projects com­pares the options in more detail.


Environmental and sustainability questions

23. How sustainable are agrivoltaic systems?

Agri­v­olta­ic sys­tems make a sig­nif­i­cant con­tri­bu­tion to reduc­ing CO₂ emis­sions and enable more effi­cient land use. At the same time, they help pro­tect farm­land from the effects of cli­mate change.

24. Does the system harm biodiversity?

No, quite the oppo­site. Agri­v­olta­ic sys­tems can pro­mote bio­di­ver­si­ty by cre­at­ing habi­tats for insects and plants, for exam­ple through flow­er­ing strips beneath the mod­ule rows.

25. How much soil is sealed by an agrivoltaic system?

Soil seal­ing by agri­v­olta­ic sys­tems is min­i­mal, at around 0.1 % of the area used.


Do you have fur­ther ques­tions? Ylek­tra will advise you per­son­al­ly and sup­port you through­out the entire process. Find out more on our page for landown­ers and farm­ers.

Con­tact us today and dis­cov­er the poten­tial of your land.