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Large-Scale Biogas System (with a capacity above 1 MW)

Steps in the investment process for implementing this system

The investment process for large-scale biogas systems is almost identical to that for smaller systems with a capacity above 500 kW, except that in certain cases it may also be necessary to obtain a licence for heat generation.

Step 1 – Obtaining a decision on environmental conditions

Obtaining a decision on environmental conditions (environmental decision) in most cases constitutes the first stage in the investment and construction process of a biogas system.

A detailed description of this procedure can be found at the following link:
Decision on Environmental Conditions

Step 2 – Spatial planning

In the Polish legal framework, the most important role is played by Local Spatial Development Plans (MPZP). In areas not covered by these plans, during the transitional period following the entry into force of the spatial planning reform (Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts, Journal of Laws 2023, item 1688), decisions on land development conditions apply. An additional solution introduced by the reform is the Integrated Investment Plan (ZPI).

Detailed descriptions of the procedures discussed in this step can be found at the following links:

Step 3 – Obtaining environmental permits

Since the operation of a biogas system may cause emissions that negatively affect the environment, the investor should obtain the environmental permits required to conduct their activity.
Obtaining environmental permits is independent of prior receipt of the environmental decision.
The type of required environmental permits is strictly related to the technical parameters of the biogas system.

Detailed descriptions of the environmental permits that may be required for biogas systems can be found at the following links:

Step 4 – Obtaining conditions for connection to the electricity grid

Conditions for connection to the electricity grid are documents issued by the distribution or transmission system operator specifying technical details related to the connection of the system and constituting the operator’s obligation to sign a connection agreement with the investor. These conditions enable a “temporary reservation of capacity in the grid” for the given project.
If the producer does not conclude a connection agreement within 24 months from the date of receipt of the conditions, the conditions expire and no longer constitute an obligation to conclude the agreement.

A detailed description of this procedure can be found at the following link:
Application for Issuance of Conditions for Connection to the Electricity Grid

Step 5 – Obtaining conditions for connection to the heating grid (optional)

A biogas system, in the cogeneration process, can produce heat alongside electricity, which represents an additional source of revenue for the investor. The possibility of supplying heat to consumers, however, requires prior connection of the system to the heating network.

A detailed description of this procedure can be found at the following link:
Application for Issuance of Conditions for Connection to the Heating Grid

Step 6 – Construction permit

A construction permit is an element of the investment process that constitutes the basis for commencing construction works on the biogas system. Without this decision, construction works cannot begin, nor can the system be put into operation at a later stage.

A detailed description of this procedure can be found at the following link:
Construction Permit

Step 7 – Operational notification

An operational notification is required for biogas systems classified as buildings. In such cases, they fall under category XVIII of the annex to the Construction Law, and their use, pursuant to Article 55 of the Construction Law, must be preceded by submitting an operational notification.
Other cases requiring an operational notification include situations where the investor intends to use part of the biogas system before completing all construction works, or when legalizing unauthorized construction.
 

A detailed description of this procedure can be found at the following link:
Operational Notification

Step 8 – Entry in the register of agricultural biogas producers

Entry in the register of agricultural biogas producers is the most commonly used form in Poland for obtaining authorization to conduct business activity in the field of biogas production.

A detailed description of this procedure can be found at the following link:
Entry in the Register of Agricultural Biogas Producers

Step 9 – Licence for Heat Generation (Optional)

Obtaining a licence to conduct business activity in the field of heat generation is required for sources with a total installed thermal capacity exceeding 5 MW.

A detailed description of this procedure can be found at the following link:
Licence for Heat Generation (WCC)
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