Planning permission for renewable energy projects
In the majority of cases, a building permit will be required for projects involving renewable energy sources. Initiating administrative proceedings in this regard should be preceded by:
- an environmental impact assessment of the planned project and the obtaining of an environmental decision,
- verification of whether the property on which the project is planned is covered by a local spatial development plan, and if so, whether that plan permits the implementation of the intended project,
- in the absence of a local spatial development plan – obtaining planning conditions.
When a building permit is not required
In certain cases, instead of applying for a building permit, it is possible to commence works on the basis of a notification. The notification must specify the type, scope, location and method of carrying out the construction works, as well as the date of their commencement.
Notifications regarding renewable energy investments cover construction works related to:
- the conversion of renewable energy installations with a total installed electrical capacity not exceeding 1 MW, using hydropower to generate electricity,
- the installation of agricultural biogas micro-installations within the meaning of the Act on Renewable Energy Sources.
However, there is no need to obtain a building permit or submit a notification when carrying out construction works involving the installation of heat pumps, free-standing solar collectors, photovoltaic systems with an installed electrical capacity not exceeding 150 kW, subject to the proviso that for photovoltaic systems with an installed electrical capacity exceeding 6.5 kW, there is an obligation to consult a fire safety expert regarding compliance with fire safety requirements.
However, a planning permission will be required for projects that require an environmental impact assessment, and for projects requiring an assessment of the impact on a Natura 2000 site.
How long is a building permit valid for?
Once a building permit has been obtained**,** construction work must commence within 3 years of the date on which the decision became final. The building permit decision expires if construction has not commenced within 3 years of the date on which the decision became final, or if construction has been suspended for a period exceeding 3 years. If the building permit expires, work may commence or resume following the issue of a new building permit.
In the case of works requiring notification, they must be commenced within 3 years of the start date specified in the notification. After this period has elapsed, such works may commence following a new notification.
In the above cases, it will be necessary to repeat the relevant procedure (obtaining a building permit or making a notification).
If you need assistance with completing the formalities prior to commencing a renewable energy investment project, please contact our firm.
Frequently asked questions
Do I always need to obtain a building permit when implementing renewable energy source investments?
In the vast majority of cases, projects related to renewable energy sources require obtaining a building permit. However, there are exceptions where a simplified notification procedure can be used or none of these permits is needed, which depends on the type and capacity of the installation.
What steps must I take before submitting an application for a building permit for a renewable energy source installation?
Before initiating the procedure, you must obtain an environmental decision and verify whether your property is covered by a local spatial development plan. If the plan does not exist, it will be necessary to obtain development conditions to ensure that the planned project complies with regulations.
In what situations is a simple notification of works sufficient instead of a building permit?
Notification is sufficient for the reconstruction of renewable energy source installations with capacity not exceeding 1 MW, e.g., those using hydroenergy, and for installing agricultural biogas micro-installations. In these cases, you must specify in the notification the type, scope, location and date of commencement of works.
Does the installation of photovoltaic panels or heat pumps require a building permit?
No, there is no obligation to obtain a building permit or make a notification when installing heat pumps, free-standing solar collectors and photovoltaic devices with capacity up to 150 kW. For photovoltaics above 6.5 kW, coordination with a fire safety expert is necessary.
How much time do I have to start construction after receiving a building permit?
Construction works must be commenced within three years from the day on which the building permit decision became final. This decision also expires if construction is interrupted for a period longer than three years, which requires obtaining a new permit.
What happens if I miss the deadline to start construction after notifying works?
In the case of notified works, you must commence them within three years from the date specified in the notification. If this deadline passes, you cannot simply resume works, but must make a new notification, which means repeating the appropriate administrative procedure.
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She specializes in commercial and civil law. She has gained experience in Warsaw law firms providing comprehensive services to companies and a law firm specializing in labor law. She has extensive experience in corporate consulting. She has participated in mergers and acquisitions at every stage of the process, from pre-transaction legal examination to fulfillment of regulatory requirements related to the transformation process. She prepares and reviews contracts entered into by clients and advises in cases of…
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