Turkey: New Rules For Rooftop Solar

Last Updated: 5 April 2018
Article by Aykut Bakırcı, Zekican Samlı and Ayşegül Sargın

The Energy Market Regulatory Authority ("EMRA") has adopted a new decision published in the Official Gazette dated 18 January 2018 and numbered 30305 concerning the terms and conditions for unlicensed power plants based on solar energy and the utilisation of excess energy from such plants (the "EMRA Decision").

An earlier draft of the EMRA Decision – which has subsequently been termed in shorthand as the "rooftop regulation" in the market – was opened for public comment in April 2017 to gauge the expectations of market participants. Following market feedback, the EMRA Decision has been issued in January 2018 which covers roof and facade installations (cephe uygulamaları) and aims provide an expedited grid connection process to eligible facilities.

Eligibility Criteria

Power plants eligible for the expedited processes under the EMRA Decision will be those which:

  • have an installed power of maximum 10kW;  and
  • connect to the grid operator (i.e. the relevant distribution company) at the same measurement point with their consumption facilities.

Power plants which do not share the same measurement point with their registered consumption facilities will not be eligible to apply for grid connection rights under the EMRA Decision. 

The installed power of the power plant to be constructed pursuant to the EMRA Decision cannot exceed the installed power of its registered consumption facility. Each consumption facility may be subject to one power plant application and it is not possible to merge more than one consumption facility into a single consumption unit.

Rules and Procedures for Application

A connection application is submitted to the relevant distribution company together with the documents listed in Annex-1 and Annex-2 of the EMRA Decision.

Annex-1 of the EMRA Decision lists the following documents:

  1. Application form for unlicensed generation connection (provided in Annex-4 of the EMRA Decision).
  2. ID photocopy of real persons / originals or notarised copies of signature circulars of the representatives of legal entities.
  3. With respect to the areas where the power plant will be constructed:
  • for independent buildings (müstakil binalar), a document showing the registration of the ownership or the rental agreement or the existence of a usage right concerning the land where the registered consumption facility is located; or
  • for buildings that are used by more than one person (i.e. apartment buildings), a notarised copy of the decision of the property owners committee permitting the relevant solar installation.
  1. With respect to the consumption facility:
  • the subscription number issued by the distribution company (tekil kod) for the existing consumption facilities; and
  • construction permit  and/or any equivalent  document issued pursuant to the Zoning Law numbered 3194 and dated 3 May 1985.

Evaluation of the Applications

Applications are reviewed by the relevant distribution companies.

In the event that there are multiple applications for the same transformer station, the applicant which has the higher consumption amount during the 1 (one) year period preceding the date of application is approved. The annual consumption amount of applicants that do not have a full year of consumption history as of the date of their application are calculated pro-forma, on the basis of their average of their monthly consumption. In the event that two competing applicants have the same consumption amount, the earlier of the applications is approved. Approved applications are granted a call letter – the document issuing grid connection rights.

Applications for power plants up to and including 3 kW are awarded with a call letter automatically and without regard to available capacity connection agreements and the amount of total applications. For such applications, a call letter is issued immediately following application.

For other applications, evaluation is completed within the first twenty days of the following month. If there are no missing documentation and there is available capacity in the relevant transformation station, a call letter is issued to applicants.

The EMRA Decision does not provide any "cure provisions" for incomplete applications. Incomplete applications will be rejected and announced accordingly on the website of the relevant distribution company within the last 10 (ten) days of the following month and rejected applications will need to be re-submitted.

Connection and System Usage Applications

A recipient of a call letter is required to obtain approval for its project within ninety days. Such project approval is given by institutions determined by the Ministry of Energy and Natural Resources.

Following project approval, a copy needs to be submitted to the relevant distribution company and a connection agreement needs to be executed between the applicant and the relevant distribution company within the following fifteen days.

Upon execution of a connection agreement, the provisional acceptance (i.e. completion of the construction of the power plant) of the power plant must be completed within one year. Otherwise, the connection agreement will automatically terminate.

Note that the EMRA Decision allows for a transfer of the power plant prior to provisional acceptance on the condition that its registered consumption facility remains the same.

Sale of Excess Electrical Energy

The EMRA Decision sets forth that the sale of excess energy will be subject to the Regulation on Unlicensed Electricity Generation in the Electricity Market published in the Official Gazette dated 2 October 2013 and numbered 28783 (the "Regulation") and provides no specific provision on the sale of excess energy.

In accordance with Article 18 of the Regulation, the sale and purchase of excess electricity needs to be based on the prices (i.e. the feed-in-tariff) set out in the Law on the Utilisation of the Renewable Energy Sources for the Purposes of Generating Electrical Energy dated 10 May 2005 and numbered 5346 (the "RES Law") for a period of ten years commencing from the date of provisional acceptance. 

With the introduction of the EMRA Decision, a set of new rules are adopted in order to provide a more expedited process, reducing project costs and encouraging more widespread use of non-commercial solar generation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Zekican Samlı
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions