National Contact Point for Renewable Energy Sources

The investment process for agricultural micro biogas systems has been significantly simplified. In this case, it will be necessary, among other things, to obtain location approval and to submit a notification of construction works or obtain a construction permit.

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).

According to Article 29(3)(3)(e), the execution of 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, does not require a construction permit decision, but does require a notification of construction works.

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.

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 notification of connection to the grid 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 on which it is installed, an application for issuance of conditions for connection is required.

If, at the initial stage, the investment was carried out based on a notification of construction works, it will be necessary at this step to notify the State Fire Service of the completion of construction and the intention to commence use.

The authorities issue an opinion on the compliance of the construction with the building design. If the authority does not issue an opinion within 14 days from the date of receipt of the notification, it is considered as no objection or comments.

However, if the investment was carried out based on a construction permit, the commencement of use 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 from the date of delivery of the notification.