Micro-Scale Biogas System for Eligible Entities (with a Capacity of up to 50 kW)
Steps in the investment process for implementing this system
The investment process for micro agricultural biogas systems has been significantly simplified. In this case, it will be necessary, among other things, to obtain a location approval and 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). 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).
Step 2 – Notification of construction with a building design / obtaining a construction permit
According to Article 29(3)(3)(e), construction works involving the installation of a micro agricultural biogas 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 but do require a Notification of Construction.
Therefore, the investor may decide how to proceed with the investment. The system can be built based on a notification of construction works or by obtaining a construction permit. In practice, obtaining a construction permit is more commonly chosen.
For a micro biogas system for eligible entities, the deadline for issuing a construction permit by the authority is 45 days.
Step 3 – Micro-system notification / obtaining conditions for connection
If the capacity of the micro-system is less than or equal to the connection capacity of the facility on which it will be installed, a Micro-system Notification is submitted. The operator connects the system within 30 days from the date of notification.
If the connection capacity of the micro-system exceeds the connection capacity of the facility, an Application for Issuance of Conditions for Connection to the Electricity Grid is required.
Step 4 – Notification to the State Fire Service (PSP) upon completion of construction / notification on completion of construction works
If the investment was initially carried out based on a notification of construction works, it will be necessary to notify the State Fire Service of the completion of construction and the intention to commence operation.
The authorities review compliance of the constructed facility with the building design. If the authority does not respond within 14 days of receiving the notification, it is considered as no objection or comments.
However, if the investment was carried out based on a construction permit, operation of the biogas 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 of receiving the notification.