Ivan Balytskyi, Head of the Legal Committee of the Solar Energy Association of Ukraine (SEAU) and Partner at the law firm “Sokolovskyi and Partners”, SEAU’s legal partner, gave an interview to EnergoReforma, where he outlined the main legal and regulatory barriers for investors in energy storage systems (BESS) in Ukraine.
According to the expert, interest in BESS in Ukraine is rapidly increasing, as these systems open new business opportunities, help balance the power grid, and enhance its flexibility. However, investors face a number of legal challenges that can determine the success or failure of a project.
“Before starting the implementation of a BESS project, it is crucial to clearly understand your market status, the scope of permitting procedures, and licensing requirements. Unaccounted legal nuances can turn into serious barriers,” emphasized Ivan Balytskyi.
The expert noted that BESS can be installed by consumers, active consumers, electricity producers, and storage operators, but each category is subject to its own set of rules. Systems used solely for self-consumption do not require permits, yet investors must still comply with construction, electrical safety, and fire safety regulations.
“Even if a BESS is installed for internal consumption, it is necessary to comply with technical standards and obtain a construction or reconstruction permit, depending on the facility class. Without this, a project can be blocked at the commissioning stage,” said Mr. Balytskyi.
Another key aspect is licensing energy storage activities. A license is not required if the BESS is used for own needs, has a capacity below 5 MW, or operates as part of a licensed solar power plant (SPP).
“For an investor, it’s important to understand not only the technical but also the legal architecture of the project. This allows avoiding unnecessary costs, properly planning grid connection, and mitigating regulatory risks,” stressed the expert.
He also added that additional operational costs may arise, related to imbalances, transmission, distribution, and dispatching of electricity, which must be considered in financial models.
Summing up, Ivan Balytskyi emphasized:
“The BESS market offers significant opportunities for investors, but legal preparedness and the proper project structure form the foundation – without them, even the most advanced technologies will not function effectively.”
Reminder: On 14 November 2025 in Warsaw, the Solar Energy Association of Ukraine will host the Solar & BESS Invest Forum UA within the framework of the ReBuild Ukraine Energy 2025 international exhibition and forum. The main focus of the forum: investment opportunities, financing, and technical solutions for energy storage systems.