What is energy storage?
An energy storage system is a facility that allows electricity to be stored when there is a surplus (e.g. from own generation) and released later when demand or price conditions require it. Strictly speaking, it is a system that enables the storage of electricity and its injection into the electricity grid. In practice, an energy storage system consists of a set of devices that allow energy consumption to be deferred, enable a response to price changes, and stabilise the operation of renewable energy installations.
Legal basis for investment
The rules governing energy storage are set out in the Energy Law. The legislator has introduced two key thresholds that determine the scope of the investor’s obligations:
- storage facilities with a total installed capacity exceeding 10 MW require a licence granted by the President of the Energy Regulatory Office,
- storage facilities with a capacity exceeding 50 kW are subject to entry in the energy storage register maintained by electricity system operators.
Storage facilities below these thresholds may be built and operated without additional energy permits, provided they comply with building, technical and fire safety regulations. In all cases, however, it is necessary to agree on grid connection and compliance with local planning conditions.
How companies are currently using storage facilities — practices and opportunities
Energy storage is no longer an experiment confined to the energy sectors – for an increasing number of businesses, it is a tool for cost optimisation and building energy resilience.
Storage allows energy to be charged during off-peak hours and the stored power to be used when rates rise. Surplus energy from PV installations can be stored rather than fed into the grid at a low price, which increases self-consumption and the efficient use of one’s own energy.
In businesses where operations are critical (e.g. manufacturing plants, data centres), the storage system can act as a backup power supply in the event of a failure or disruption to the grid.
Increasingly, storage facilities also serve as a source of additional revenue – they can participate in the capacity market or system balancing services and be utilised in the provision of so-called flexibility services. They also interact with demand-side management programmes, consumption forecasts and corporate procurement strategies.
Image-related aspects are also significant – investments in energy efficiency and low-carbon technologies have a positive impact on a company’s ESG and sustainability ratings.
Practical limitations
Investing in energy storage requires significant expenditure – batteries, inverters, security systems, control systems and connection infrastructure. For smaller firms, small storage systems often lack sufficient economic justification if energy prices or grid costs are not high. Controlling the storage system requires an advanced energy management system, integration with consumption and production forecasts, and cooperation with aggregators or grid operators. For many companies, this can be a technological and organisational barrier.
Additionally, batteries degrade over time and with the number of cycles. After a certain period, capacity decreases, which affects operating economics and the cost of replacing components.
Legal and regulatory considerations are also significant. Storage projects must comply with legal, building, fire safety and technical requirements. Local variations (local authority spatial planning schemes, development conditions) may impose location restrictions such as distances from buildings, land use or the availability of escape routes.
Funding opportunities for energy storage investments
At regional level, businesses can apply for support under Regional Operational Programmes (ROPs). In many provinces, calls for proposals are announced for businesses investing in renewable energy sources and energy storage systems. The scope and intensity of support vary by region — in some cases, they include non-repayable grants for the purchase and installation of storage facilities, whilst in others they involve preferential loans or blended finance (grant + loan).
Support is also available under sector-specific programmes targeting particular industries — such as the processing industry, agriculture or logistics. In such projects, funding often covers not only the energy storage facility itself, but also the modernisation of the company’s energy infrastructure, improvements in energy efficiency or integration with renewable energy installations.
The 2025–2027 financial perspective also provides for the continued use of funds from the Modernisation Fund and new-generation EU programmes such as FEnIKS (European Funds for Infrastructure, Climate and Environment) to improve the energy efficiency of businesses.
Summary
Energy storage is no longer the preserve of the energy sector – it is becoming a practical tool for energy management in businesses. By 2025, companies will have a clearly defined legal framework at their disposal, a growing range of financing options and an increasingly mature technology market. With the further development of regulations and support programmes, energy storage could become one of the pillars of a modern and secure corporate energy economy.
Specializes in corporate services for business entities and personal data protection. Assists the firm's clients in the preparation of all corporate documentation, including the registration of commercial companies and the further registration of changes, and provides ongoing and comprehensive advice on business. Provides advice in carrying out transformation processes of commercial companies, including transformations and mergers. Prepares and gives opinions on contracts, regulations and current documentation…
View profile →HWW lawyers offer consultations in Warsaw and online.
Do not miss the next analysis
Key legal changes and their business impact, once a month to your inbox.
By subscribing you accept the privacy policy. Unsubscribe with one click.