National Contact Point for Renewable Energy Sources

The investment process for large-scale biogas systems using landfill biogas, wastewater treatment plant biogas, or other types of biogas is almost identical to that for small systems, with the exception that it ends with obtaining a licence for electricity generation.

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.

In the Polish legal environment, the most important role is played by: Local Spatial Development Plans (MPZP), and in areas not covered by these plans, during the transitional period after 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. An additional solution introduced by the reform is the Integrated Investment Plan (ZPI).

Due to the fact that the operation of a biogas system may cause emissions that negatively affect the environment, the investor should obtain the environmental permits required to conduct its activity.

Obtaining environmental permits is independent of obtaining an environmental decision.

The type of required environmental permits is strictly related to the technical parameters of the biogas system.

Conditions for connection to the electricity grid are a type of document 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, under which the system will be connected to the grid. Conditions for connection therefore enable a “temporary reservation of capacity in the grid” for a given project.

If, within 24 months from the date of receipt of the conditions for connection, the producer does not conclude a connection agreement, the conditions for connection expire and do not constitute an obligation to conclude the agreement.

A biogas system is a system that, in the cogeneration process, in addition to electricity, can also produce heat, which constitutes an additional source of revenue for the investor. The possibility of delivering heat to consumers, however, requires prior connection of the system to the heating grid.

A construction permit is an element of the investment process that constitutes the basis for commencing construction works on a biogas system. Without this decision, it is not possible to start construction works or proceed to its intended operation.

An operational notification is required for biogas systems classified as buildings. In such cases, they are categorized under category XVIII of the annex to the Construction Law, and their use, in accordance with Article 55 of the Construction Law, must be preceded by submitting an operational notification.

Another situation where an operational notification is necessary is when the investor intends to commence the use of part of the biogas system before completing all construction works. A further exception requiring an operational notification is the legalization of unauthorized construction.

A licence for the generation of electricity from RES is required for a large-scale non-agricultural biogas system with a total installed electrical capacity greater than 1 MW or with an achievable thermal capacity in cogeneration greater than 3 MW, where the total installed electrical capacity exceeds 1 MW.

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