Fast track for rooftop PV investments in Poland
The Ministry of Climate and Environment proposed a draft amendment to the Renewable Energy Sources Act and Other Acts (the “Draft”) on 4 June 2024. The aim of the proposed changes is to adapt local law to the regulations and guidelines of the European Commission, which will allow for further development of renewable energy sources. Due to the need to accelerate the process of the country's energy transition, proposed changes include simplifications for development of rooftop PV investments.
Shorter deadline for issuing grid connection conditions
While according to the current regulations, the statutory deadline for issuing grid connection conditions for installations connected to a grid with a voltage above 1 kV (in the case of so-called III and IV connection groups) is 60 days, the Draft proposes to shorten this deadline to 45 days for rooftop PV installations, whether equipped or not equipped with an energy storage unless the statutory deadline for issuing the grid connection conditions is shorter.
Accelerated permitting procedure
The Draft assumes time limitation of the procedure for issuing a building permit. According to the proposed regulations, proceedings for issuing a building permit for rooftop PV installations with a capacity exceeding 50 kW and energy storage facilities with a nominal capacity exceeding 20 kWh located on the same site should not exceed 30 days. This deadline shall also apply for proceedings for issuance of the building permit for the renovation, reconstruction or superstructure of such PV installation.
Licensing proceedings
Following the Draft, the licensing process shall also be shortened. The period for considering applications for: (a) a power generation licence for a rooftop PV installation with a capacity exceeding 1 MW, (b) a licence for storing electricity in storages that are part of the rooftop PV installation with a total installed capacity exceeding 10 MW, and (c) a licence for generating heat using a heat pump with a capacity up to 50 MW – must not exceed 30 days.
Registration in the MIOZE Register
Additionally, the waiting time for registration in the MIOZE Register (Register of Producers in a Small Installation) will be shortened. According to the Draft, in the case of so-called small installations (i.e. with an installed capacity not exceeding 1 MW) developed on the roof, the Polish Regulator is obliged to register the electricity producer within 14 days from the day of submitting the application for entry in the MIOZE register.
Practice to follow
Although the Draft appears to succeed in terms of accelerating the development of PV rooftop investments and may create new opportunities for RES investments, it is crucial to acknowledge that the proposed deadlines are of an instructive nature. The actual duration for the issuance of permits may vary contingent upon the intricacy of the case and the practice of the given administrative authorities.
Next steps
The Draft is currently undergoing formal assessment at the initial stages of the legislative process and may still evolve before it is voted on by the Parliament, which is expected to happen within the coming months.
Should you have any queries or wish to obtain more information, please contact us or any of your other contacts at Linklaters.
