National Contact Point for Renewable Energy Sources

Small biogas systems with a capacity above 500 kW require obtaining a number of administrative permits, including a decision on environmental conditions and environmental permits. The process ends with entry in the Register of Agricultural Biogas Producers.

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

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).

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.

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 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 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.

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.

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.