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The investment and construction process for renewable energy installations in Poland.

Stages of the investment and construction process for renewable energy sources installations in Poland.

 

What is worth knowing about the investment and construction process for photovoltaic installations in Poland?

The investment and construction process of a renewable energy project, including, of course, undertakings in the field of photovoltaics, consists of several stages, the occurrence of which depends on the power that a given installation is to generate. Importantly, in the Act of 20/02/2015 on renewable energy sources (consolidated text: Journal of Laws of 2018, item 2389, as amended, hereinafter referred to as “RES Act”), the investment and construction process itself has not been regulated in any different way for this kind of endeavour. It follows from the above that the construction of renewable energy source installation will require the completion of the standard investment and construction procedure.

What decisions are needed to build a photovoltaic (renewable energy source) installation?

The standard catalogue of decisions to be obtained for the construction of renewable energy source installation includes:

a) decision on environmental conditions;

b) planning permission or the need to introduce changes to the local plan of spatial development;

c) construction permit or notification;

d) the use permit.

However, the above catalogue is subject to certain modifications depending on the size of a given installation, which will be discussed in a separate article.

The last stage of the investment process for renewable energy source installations is participation in RES auctions. RES auctions are the current state support system for generating energy from renewables. Nevertheless, at this point it is worth mentioning that an alternative to the state support scheme are PPAs (Power Purchase Agreements) concluded by generators with a specific recipient of electricity generated in a RES installation, which I will discuss in detail in a separate article.

In addition, it should be remembered that the generation of electricity from renewable energy sources installations – in accordance with the RES Act – is also associated with certain obligations on the part of the energy generator. In the case of micro-installations (up to 50 kW), the electricity generator (both the prosumer and the energy generator other than the prosumer) has information obligations before and after connecting the installation. On the other hand, a generator of electricity for a small installation (i.e. installations with an installed electrical capacity of more than 50 kW and less than 500 kW  kW) is obliged to run a business in the field of electricity generation and obtain an entry in the register of producers conducting business activity in the field of small installations. In the case of other installations, energy generators are required to conduct business in the field of electricity generation and obtain a license granted by the President of the Energy Regulatory Office. Obtaining a licence is the final administrative decision necessary to start a business involving the generation of electricity. Nevertheless, due to the very long duration of the process of obtaining this decision, it would be advisable to consider obtaining a licence promise.

This article does not constitute legal advice.