Micro Biomethane System with a Capacity of up to 50 kW (Agricultural Biogas Plant for Eligible Entities Expanded with a Biogas Upgrading Unit)
Steps in the investment process for implementing this system
The investment process for this type of micro-biomethane system has been significantly simplified. In this case, it will be necessary, among other things, to obtain a location approval and either submit a Notification of Construction with a Building Design or obtain a Construction Permit.
Step 1 – Spatial planning
In the Polish legal framework, the most important role is played by Local Spatial Development Plans (MPZP), and 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. An additional solution introduced by the reform is the Integrated Investment Plan (ZPI).
Step 2 – Notification of construction with a building design / construction permit
According to Article 29(3)(3)(e), construction works involving the installation of an agricultural biogas micro-system, as referred to in Article 19(1) of the Act of 20 February 2015 on Renewable Energy Sources, do not require a construction permit decision; however, they do require a Notification of Construction with a Building Design.
Therefore, the investor may decide how to proceed with the implementation of the investment. The system can be built based on a notification or by obtaining a construction permit. In practice, obtaining a construction permit is more commonly chosen.
For a micro-biomethane system for eligible entities, the deadline for the authority to issue a construction permit is 45 days.
Step 3 – Obtaining conditions for connection to the gas grid (optional)
Conditions for connection to the gas grid are a type of document issued by the operator of the gas distribution or transmission system, specifying technical details and costs related to connecting the biomethane system to the gas grid.
If, within 24 months of obtaining the conditions for connection to the gas grid, the producer does not conclude a connection agreement, the conditions expire.
Unlike connection to the electricity system, in the case of connection to the gas grid, the operator is not obliged to publish information on the availability of connection capacity/network absorption.
Therefore, before submitting an application for the issuance of connection conditions, it is recommended to submit a request to the operator for information on the possibility of connection to the operator’s network. Based on this request, the operator prepares information on the possibility of connection at the point specified by the investor. After obtaining confirmation from the operator regarding network capacity and the ability to receive biomethane, the investor should submit an application for the issuance of connection conditions.
Step 4 – Notification to the State Fire Service (PSP) upon completion of construction / notification on completion of construction
If, at the initial stage, the investment was carried out based on a Notification of Construction with a Building Design, then in this step it will be necessary to notify the State Fire Service authorities of the completion of the building and the intention to commence its use.
The authorities take a position on the compliance of the building with the building design. If the authority does not take a position within 14 days from the date of receipt of the notification, it is considered as no objection or comments.
However, if at an earlier stage the investment was carried out based on a Construction Permit, the commencement of use of the biomethane system is possible after notifying the building supervision authority of the completion of construction, provided that the authority does not raise objections within 14 days from the date of delivery of the notification.