When implementing renewable energy projects, it is necessary to check whether it will be necessary to:
- obtain an environmental decision,
- review the Local Spatial Development Plan or obtain a decision on development conditions,
- obtain a building permit or submit a notification,
- obtain a certificate of occupancy.
Environmental decision
An environmental decision is one of the first steps that must be taken before commencing a planned renewable energy project. It is of significant importance because if the proposed investment does not comply with environmental standards, its implementation will not be possible.
Initiating proceedings for an environmental decision is necessary for projects that may impact the environment. Projects for which an environmental decision must be obtained are those that:
- always have a significant impact on the environment (the decision is preceded by an environmental impact assessment)
- may potentially have a significant impact on the environment (it is possible to obtain an environmental decision without carrying out an environmental impact assessment – the authority conducting the proceedings decides on the necessity of such an assessment).
Verification of the Local Spatial Development Plan
In the case of renewable energy projects, it must be verified whether the Local Spatial Development Plan designates areas intended for the implementation of such a project.
The study of conditions and directions of spatial development for the municipality may provide for the designation, within the municipality, of areas where facilities generating electricity from renewable energy sources with a capacity exceeding 100 kW (i.e. including, amongst others, wind farms) as well as their protection zones associated with restrictions on development, land use and land management. In such cases, the study should also specify the location of such areas. If such areas are designated in the study, the adopted local spatial development plan should specify the boundaries of the sites for the construction of such facilities and, where applicable, their protection zones (see the judgment of the Provincial Administrative Court in Gorzów Wielkopolski of 4 October 2020, ref. no. II SA/Go 395/20, Legalis).
Planning Conditions
In the absence of a Local Spatial Development Plan, a decision on development conditions will be required in order to carry out renewable energy projects.
A change in land use in the absence of a local plan, as well as a change in the use of a building or part thereof, requires the determination, by way of a decision, of development conditions.
A decision on development conditions is issued by the commune head, mayor or city mayor.
Building permit
The next stage is to obtain a building permit. We have written about this in more detail here and here.
Occupation permit
The use of renewable energy installations will be possible after notifying the building control authority of the completion of construction, provided that the authority does not raise an objection by way of a decision within 14 days of the date of delivery of the notification.
In the case of wind farms, it will be necessary to obtain a decision granting an occupancy permit.
Renewable energy installations erected on the basis of a notification do not require an occupancy permit or notification of completion of construction. They may be used once the works have been completed.
Connection to the grid
In order for a renewable energy installation to operate, it must, as a rule, be connected to the electricity grid. The connection process takes place on the basis of grid connection conditions, which are set out by the relevant electricity system operator, and on the basis of a subsequent grid connection agreement. These conditions are issued upon application by the investor, who submits it to the relevant grid operator.
Frequently asked questions
Do I need to obtain an environmental conditions decision before starting a renewable energy investment?
Yes, this is one of the first mandatory stages, as the investment must meet environmental standards for its implementation to be possible. The procedure is necessary for projects that may significantly impact the environment, regardless of whether a prior environmental impact assessment is required or not.
What should I do if there is no adopted local spatial development plan for the plot?
In such case, it will be necessary to obtain a development conditions decision, which is issued by the commune head, mayor, or city president. This decision is required to change the land use or the method of using the facility when there is no local plan.
Does every renewable energy installation require an occupancy permit?
No, installations erected based on notification do not require an occupancy permit or notification of construction completion, so they can be used immediately after the works are finished. However, for wind power plants, obtaining an occupancy permit decision is mandatory.
What steps should be taken to connect a renewable energy installation to the power grid?
The installation must be connected to the grid based on connection conditions, which are provided by the electricity system operator upon the investor’s request. Subsequently, it is necessary to conclude a grid connection agreement, which is a condition for the installation’s operation.
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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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