Main conclusions from the webinar on ESS construction and utilisation

On December 4, Altelaw&Sempra, jointly with the Confederation of Builders of Ukraine (CBU) and with the informational support of the Ukrainian Wind Energy Association (UWEA), held a webinar on the practical aspects of construction and utilisation of Energy Storage Systems (ESS). The event took place amid the typical uncertainty regarding power and communication this winter, which only underscored the relevance of the topic: how to practically implement new-generation energy solutions when the system is operating at its limit.

Ihor Retivov, Partner at Altelaw&Sempra and Head of the UWEA Committee, opened the discussion by focusing on the formation of the ESS market in Ukraine. He recalled that the first storage systems essentially evolved from UPS [Uninterruptible Power Supplies] based on solar inverters and batteries, which served as the foundation for the first large-scale solutions—from hundreds of kilowatts to megawatts—and this architecture continues to be used today.

Specific attention was paid to the market operational models for ESS for both producers, consumers, and even full-fledged facility operators. He noted that various scenarios are possible and that “mechanisms are functioning,” though each requires a different balance of capital expenditures (CapEx) and operating expenses (OpEx).

The practical dimension of the discussion was complemented by Yaroslav Vainshtein, Product Manager at YASNO. He provided a detailed explanation of the structure and application of energy storage systems. Above all, Yaroslav stressed that ESS are not merely a means of accumulating self-generated energy but also a working instrument in the electricity market. “ESS can be used not only as capacity to shift self-generated energy but also as an arbitrage tool—to buy electricity cheaper and sell it dearer,” he stated, explaining the economic models already being applied in practice.

Olha Sydorchuk, Partner at Altelaw&Sempra and Head of the CBU Committee on Legislative and Regulatory Activities, stressed the importance of understanding “how energy storage systems should be correctly built and commissioned.” The discussion centered not on theory, but on the real steps developers, producers, and energy consumers are forced to take today, where every decision is linked to technical and legal nuances. “The primary question is whether an ESS constitutes a construction object (capital structure). The answer depends on its connection to the land, the presence of a foundation, and engineering networks; each project must be assessed individually,” Olha noted.

A crucial topic was also the issue of entering design documentation into the USESCS (Unified State Electronic System in the Construction Sector). According to Olha Sydorchuk, this is often more complex than obtaining a building permit. ESS frequently comprise multiple structures and engineering infrastructure, complicating the scheme for data entry into the system.

One of the key sessions focused on practical advice for navigating permitting procedures during ESS construction, provided by Svitlana Babych, Acting Director of the Services Department at DIAM (State Inspectorate for Architecture and Urban Planning). Ms. Babych noted that legislation lacks a clear definition of whether an ESS is a construction object, meaning each project must be evaluated based on its factual characteristics. She explained that the installation of structures, engineering networks, or the execution of construction and assembly works indicates the creation of a construction object that requires permitting. Conversely, the assembly of only equipment (batteries, cabinets, or arrays) without foundations or engineering networks should not be interpreted as construction under urban planning legislation.

In conclusion, the participants agreed that despite the lack of clear legislative regulation, the implementation of ESS in Ukraine is an entirely realistic task, provided there is proper legal due diligence, sound technical design, and careful selection of the market operational model. Legislative gaps are being compensated by accumulated experience, and business interest in such solutions is growing faster than the regulator can adapt.