Renewable energy in Poland – legal guide for investors 2026

Written by Natalia Sarna, Barrister (adwokat), Counsel

Reviewed by Wojciech Kasprzak, Attorney (radca prawny), Senior Counsel, Head of Real Estate and German Desk

First published: 29 October 2026
Last updated: 29 October 2026

In short

How a renewable energy project is permitted in Poland

Almost every renewable energy project in Poland – a solar farm, a wind farm, a biogas plant or an energy storage facility – passes through the same sequence: site and land rights, an environmental decision, a zoning basis, grid connection, a building permit, completion of construction and, above 1 MW, a generation licence from the President of the Energy Regulatory Office (URE). Each technology then has its own thresholds that switch individual steps on or off.

The steps are not strictly sequential. Several procedures run in parallel, and three of them – the site, the environmental conditions and the grid connection – decide early on whether the project can be built at all and whether it will pay.

Below: the common path, the thresholds for each technology at a glance, a permit checker, the official fees and deadlines, and what most often goes wrong.

150 kW

above this capacity a photovoltaic installation needs a building permit

1 MW

above this capacity electricity generation needs a URE licence; 50 kW–1 MW: entry in the MIOZE register

12 months

validity of grid connection conditions issued from 30 April 2026

10H / 700 m

minimum distance between an onshore wind turbine and homes

Renewable energy in Poland – legal guide for investors 2026: wind turbines, solar panels and a power line

RENEWABLE ENERGY IN POLAND – THE TERMS USED ON THIS PAGE

Environmental decision (DŚU) (decyzja o środowiskowych uwarunkowaniach) – an administrative decision setting the environmental conditions of a project; for most renewable projects it comes first and is needed before the zoning decision and the building permit.

Project information sheet (KIP) (karta informacyjna przedsięwzięcia) – the short environmental document filed with the application; on its basis the authority decides whether a full environmental impact report is needed.

Local zoning plan (MPZP) (miejscowy plan zagospodarowania przestrzennego) – a municipal by-law fixing land use; the most stable basis for siting an installation and the only one allowed for wind farms.

Decision on development conditions (WZ) (decyzja o warunkach zabudowy) – a decision allowing development where there is no local zoning plan.

General plan (plan ogólny gminy) – a new municipal by-law introduced by the 2023 planning reform; it sets the framework for every later zoning plan and WZ decision.

Integrated investment plan (ZPI) (zintegrowany plan inwestycyjny) – a special local zoning plan adopted at the investor’s request, negotiated with the municipality.

Connection conditions (warunki przyłączenia) – a technical document issued by the grid operator; a conditional commitment to sign a connection agreement.

Cable pooling (współdzielenie przyłącza) – connecting a new source through an existing connection shared with another installation.

MIOZE register (rejestr wytwórców energii w małej instalacji) – the register kept by the President of URE for small installations of more than 50 kW and up to 1 MW.

Renewable energy in Poland – technologies and investment paths

Poland’s renewable energy market offers several investment paths. Which one fits depends on the space available, the energy needed and the capital, and each has a different permitting profile.

Photovoltaics

One of the cheapest and most widely used technologies. Installed capacity in Poland reached 24.8 GW at the end of 2025, according to the Energy Market Agency (ARE). Panels go on roofs, on land, on water and over crops (agri-PV). Permitting depends on area, capacity, location and mounting.

Onshore wind

The largest stable source of green energy in Poland and the most formalised technology to permit: a local zoning plan is mandatory, the 10H distance rule applies and turbines of 100 m or more are aviation obstacles.

Offshore wind

Built only in the exclusive economic zone, at least 12 nautical miles from the coast, within areas designated in the maritime spatial plan. A separate set of permits replaces the land-based path.

Biogas and biomethane

Weather-independent: a biogas plant can run for up to about 8,000 hours a year. Feedstock logistics, digestate management and distance from homes shape the site choice.

Geothermal, hydro and heat

Geothermal projects rest on geological and mining law; hydropower plants and floating PV need a water-law permit.

Storage and hybrid systems

Battery storage and hybrid projects combining solar, wind and biogas increase self-consumption and stabilise output; the December 2025 amendment to the Construction Law changed the rules for electricity storage facilities.

Renewable energy technologies in Poland: solar, onshore wind, offshore wind, biogas, geothermal and hydro, storage and hybrid systems

Biogas and biomethane plants have a separate guide: biogas and biomethane in Poland. Electricity trading and distribution licences, hydrogen and nuclear projects are covered in our guide to energy law in Poland.

A renewable energy project in Poland is governed at once by energy law, construction and planning law and environmental law. The acts below, grouped by area, set the decisions an investor must obtain.

ENERGY AND SUPPORT

Renewable Energy Sources Act

Act of 20 February 2015

Support schemes, including auctions and prosumer settlements; the MIOZE register

Energy Law

Act of 10 April 1997

Grid connection and generation licences

Wind Power Plants Act

Act of 20 May 2016

Siting rules and distance restrictions for onshore wind

Offshore Wind Act

Act of 17 December 2020

Offshore wind projects and their support

CONSTRUCTION AND SITE

Construction Law

Act of 7 July 1994

Building permits, construction designs, completion and occupancy

Spatial Planning and Development Act

Act of 27 March 2003

Local zoning plans (MPZP), WZ decisions, general plans and ZPI

Agricultural and Forest Land Protection Act

Act of 3 February 1995

Excluding land from agricultural production, relevant for PV farms

ENVIRONMENT

Environmental Impact Assessment Act

Act of 3 October 2008

The environmental decision (DŚU) and impact assessment

Regulation on projects with a significant impact

Regulation of 10 September 2019

Which projects need a KIP or a full report

Water Law

Act of 20 July 2017

Water-law permits for hydropower and floating PV

Geological and Mining Law

Act of 9 June 2011

Drilling and extraction for geothermal projects

Nature Conservation Act

Act of 16 April 2004

Impact on protected areas, including Natura 2000

The renewable energy investment process in Poland step by step

The path below is largely common to all renewable technologies. Special rules for wind, solar, biogas, hydro, geothermal and storage projects modify individual stages or add obligations, and the permit matrix in the next section shows where.

Renewable energy investment path in Poland: the environmental decision, zoning basis and grid connection run in parallel from the site to the building permit, completion and licence

PROCEDURE · SEVEN STEPS

  1. Site selection. Check available grid capacity, protected areas and buffer zones, the legal status of the land and the cable route, resources (sun, wind, water), soil and access roads. Result: a site that can be connected and permitted.
  2. Environmental decision (DŚU). File the application with a KIP or a full report; the commune head (or the RDOŚ for large and offshore projects) decides after consulting other authorities. Result: a final environmental decision, usable for 6 years.
  3. Zoning basis. Confirm compliance with the local zoning plan, obtain a WZ decision where the law still allows it, or apply for a ZPI. Result: a zoning basis for the building permit.
  4. Grid connection. Apply to the distribution or transmission system operator, pay the application fee and the advance on the connection fee, sign the connection agreement. Result: connection conditions and a connection agreement with milestones.
  5. Building permit. File the construction design and attachments with the architectural and construction authority. Result: a building permit, issued within 65 days of a complete application.
  6. Completion of construction. Notify the building supervision authority of completion or, for more complex structures, apply for an occupancy permit. Result: the right to put the installation into operation.
  7. Licence or register. Apply to the President of URE for a generation licence (above 1 MW) or for entry in the MIOZE register (50 kW–1 MW). Result: the right to sell electricity.

In practice, the investment process is not strictly sequential. Location, environmental and grid connection issues decide whether a project is feasible and economically viable as early as the first stages.

Natalia Sarna, Barrister (adwokat), Counsel, Dudkowiak & Putyra · Renewable energy projects in Poland

Which permits does a renewable energy project need in Poland?

Which of the seven steps a project actually goes through depends on the technology, the capacity, the area and the site. Each card shows the general rule at each stage; every rule has exceptions.

SOLAR

PV micro-installation, up to 50 kW

Environmental decision

Not required

Zoning basis

As a rule no WZ decision needed

Construction

No building permit or notification

Completion

Fire-safety notification above 6.5 kW

Generation

Notice to the grid operator; no licence, no MIOZE

Rooftop or facade PV, above 50 kW

Environmental decision

Not required, regardless of area

Zoning basis

No separate land-use designation needed

Construction

Building permit only above 150 kW

Completion

Notification of completion

Generation

MIOZE up to 1 MW; licence above 1 MW

Ground-mounted PV farm

Environmental decision

Not required up to 1.0 ha (0.5 ha in or near protected areas); above that, KIP and screening

Zoning basis

MPZP required above 1 MW, on class I–III or forest land, or above 150 kW on class IV land

Construction

Building permit above 150 kW

Completion

Notification of completion; no occupancy permit

Generation

MIOZE up to 1 MW; licence above 1 MW

WIND

Micro wind installation, up to 50 kW

Environmental decision

Not required up to 30 m height

Zoning basis

Distance rule does not apply

Construction

Depends on mounting; ground-mounted usually needs a permit

Completion

No separate procedure

Generation

Notice to the grid operator

Onshore wind farm

Environmental decision

Required for turbines of 30 m or more: KIP below 100 MW, full report above 100 MW

Zoning basis

MPZP only; 10H rule, minimum 700 m from homes

Construction

Building permit

Completion

Occupancy permit after inspection

Generation

Licence above 1 MW; MIOZE for 50 kW–1 MW

Offshore wind farm

Environmental decision

Always required, full report, issued by the RDOŚ

Zoning basis

Maritime spatial plan and PSZW permit instead of land-based zoning

Construction

Building permit from the voivode

Completion

Occupancy permit from the provincial building inspector

Generation

Licence for 10 to 50 years

BIOGAS

Agricultural biogas plant

Environmental decision

Not required up to 0.5 MW; KIP above 0.5 MW; full report for large waste-processing plants

Zoning basis

See the biogas guide

Construction

Building permit

Completion

Occupancy permit where classified as an industrial building

Generation

Separate licence exemption for electricity from agricultural biogas

Permit thresholds for renewable energy projects in Poland by installed capacity: 50 kW, 150 kW, 0.5 MW, 1 MW, 2 MW and 100 MW

Permit checker: what your project needs

Choose the technology, enter the capacity and answer a few questions about the site. The checker applies the rules above and lists the decisions and obligations that may apply, with the application fee and the advance on the connection fee calculated for your capacity.

The permit checker needs JavaScript. The permit cards above show the same rules.

Site selection and land rights for renewable energy projects

The site analysis comes first and decides whether the later procedures can succeed. Before committing to a site, the investor should verify four things.

  • Available connection capacity. Without it, the operator refuses the connection or requires grid expansion. Operators publish available capacity for grids above 1 kV, with planned changes for the next five years, updated at least quarterly – but the published data should be checked before the investment starts.
  • Nature conservation. National parks, nature reserves, landscape parks, protected landscape areas, Natura 2000 sites, ecological land and nature and landscape complexes – and the buffer zones of parks and reserves – can make the procedure much harder or block the project.
  • Natural and physical conditions. Solar radiation, wind or hydrological parameters, soil bearing capacity, slope and access roads able to take oversized transport, plus the distance from homes, which drives public opposition and, for wind farms, the statutory distance.
  • Legal title to the land and to the cable route. Separately for the generation site and for the land the connection line crosses.

Land lease for solar and wind farms

Ownership gives the investor the fullest protection, but a lease is a sufficient basis for a renewable project in Poland. The lease must give a long-term right to build and operate the installation and must deal with one risk in particular: under the Civil Code, structures generally follow the legal status of the land. Without precise clauses, ownership of the installation may be disputed or even pass to the landowner. The agreement should state that the installation belongs to the investor and give it control over operation, modernisation and removal at the end of the project.

Without properly drafted contractual provisions, a lease may lead to doubts about who owns the installation, or even to a transfer of ownership to the landowner.

Natalia Sarna, Barrister (adwokat), Counsel, Dudkowiak & Putyra · Renewable energy projects in Poland

Securing the cable route

If the connection point lies outside the project site, the investor needs legal title to every plot the cable crosses. The instrument depends on the legal status of each section of the route.

IF THE CABLE CROSSES

Private property

Instrument

Transmission easement (służebność przesyłu)

Established by notarial deed and entered in the land and mortgage register, so it binds future owners of the land. The standard and most durable solution.

IF THE CABLE CROSSES

Public road

Instrument

Two decisions of the road authority

One on placing equipment in the road lane, a second on its temporary occupation for the works. Both carry administrative fees.

IF THE CABLE CROSSES

Internal or non-public municipal road

Instrument

Owner’s consent and a civil-law agreement

No uniform procedure: the agreement sets the terms of use and compensation. A transmission easement gives more certainty.

Foreign investors buying land should also check the rules on acquiring real estate by foreigners and agricultural land; see our real estate law guide.

Environmental decision (DŚU) for renewable energy projects

The environmental decision is, as a rule, the first decision in a renewable project. It assesses the project’s impact on the environment and human health and sets the conditions the investor must meet during construction and operation.

  • Application. A KIP or straight away a full environmental impact report, depending on how the project is classified; a certified cadastral map of the site and its impact area; an extract from the local zoning plan or confirmation that there is none; a land-register extract identifying the parties; proof of stamp duty.
  • Report. If the authority requires a full report, the proceedings are suspended while it is prepared. The investor has up to three years to file it; otherwise the application is treated as withdrawn.
  • Authority. The commune head, mayor or city president for most projects; the Regional Director for Environmental Protection (RDOŚ) for projects with a particularly significant spatial impact and for projects at sea.
  • Duration. The statutory 1–2 months do not include opinions, consultations, public participation and requests for documents, so in practice the procedure takes much longer.
  • Validity. The final decision can be used for the next stages within 6 years; this extends to 10 years if, before the 6 years run out, the authority confirms that the conditions remain valid.
  • Appeals. To the Local Government Appeals Board (SKO) or the General Director for Environmental Protection (GDOŚ), then a complaint to the provincial administrative court and a cassation appeal to the Supreme Administrative Court.

The authority’s decision is not discretionary. The greatest risk of refusal comes from non-compliance with planning documents, a significant impact on a Natura 2000 site, a negative impact on water bodies and missing approvals from cooperating authorities – and these risks should be identified before the application is filed.

Natalia Sarna, Barrister (adwokat), Counsel, Dudkowiak & Putyra · Renewable energy projects in Poland

The environmental decision is part of our broader environmental law in Poland practice.

Zoning for renewable energy projects – local plan, WZ decision, ZPI and the general plan

Every renewable project needs a zoning basis, and 2026 changed it. The 2023 planning reform requires each municipality to adopt a general plan; the deadline, moved several times, expired on 31 August 2026. The general plan now frames every later local zoning plan and WZ decision. Since 1 September 2026 a WZ decision on a new application can be issued only where the general plan is in force; applications filed by 31 August 2026 are decided under the previous rules. By 31 August 2026, 946 of Poland’s 2,479 municipalities – about 38% – had adopted a general plan, according to the Ministry of Development and Technology.

Instrument When it is used What to know for a renewable project
Local zoning plan (MPZP) The area is covered by a plan that allows the installation The most stable route to a building permit. The investor can ask the municipality to adopt or amend a plan, but the municipality is not bound by the request. Mandatory for wind farms and for larger PV farms.
WZ decision No local zoning plan covers the area Exceptions favour many renewable installations, in particular from the good-neighbourhood rule. WZ decisions issued from 2026 expire five years after becoming final, and on an application filed from 1 September 2026 a WZ decision can be issued only where the municipality’s general plan is in force.
Integrated investment plan (ZPI) The investor wants a plan prepared with the municipality Can cover the main project and its supporting roads and infrastructure. Simplifications apply to some renewable technologies but not to wind farms.

In practice: in a municipality that has not adopted a general plan, a new WZ decision is in principle unavailable – a greater risk to the schedule than the shorter validity of the decision itself. Check the planning status of each plot before signing a lease.

For PV farms, an MPZP is required above 1 MW regardless of land class, on class I–III agricultural land or forest land, and above 150 kW on class IV land. Wind farms can be sited only on the basis of an MPZP. The zoning route for each technology, with a zoning route finder, is set out in zoning for renewable energy projects in Poland; the general rules for WZ decisions and general plans are explained in our guide to general plans and WZ decisions in Poland.

Grid connection for renewable energy projects in Poland

Apart from fully off-grid projects, connection to the grid is a precondition for generating, storing and selling electricity. It runs in three stages: connection conditions, a connection agreement and an agreement for distribution services. In practice the design and the building permit application follow the connection conditions.

  • Application. Filed electronically on the operator’s platform, with a non-refundable fee of PLN 1 per kW of capacity (maximum PLN 100,000) and an advance on the connection fee of PLN 60 per kW (maximum PLN 6 million). Without the advance the application is returned. New sources connected through an existing connection, for example under cable pooling, are exempt from these payments.
  • Deadlines. Up to 120 days for sources connected to grids above 1 kV; 45 days for rooftop PV up to 2 MW. Above 2 MW the operator prepares an expert assessment of the impact on the power system.
  • Validity. Connection conditions issued from 30 April 2026 are valid for 12 months; if no agreement is signed in that time, they expire. Conditions issued earlier keep their two-year validity; offshore wind is subject to separate rules.
  • Refusal. The investor can ask the President of URE to resolve the dispute, with an appeal to the Court of Competition and Consumer Protection in Warsaw. Where the refusal is due to a lack of technical or economic conditions, an agreement for grid expansion at the investor’s expense is possible.
  • Agreement. It sets milestones, including a deadline for the building permit and the date of first feed-in. Missing key deadlines without justification may end the agreement.
  • Priority and fee. Operators must connect renewable sources first where technical and economic conditions exist. The connection fee for commercial installations reflects the actual documented cost; prosumer micro-installations up to 50 kW pay no fee.
  • Commissioning. During technical commissioning, energy may be sold, stored and offered on the balancing market for up to 12 months before the licence is granted.

The amendment to the Energy Law in force since 30 April 2026 raised the advance from PLN 30 per kW, capped at PLN 3 million, to PLN 60 per kW, capped at PLN 6 million per connection; the rules for each technology are in grid connection for renewable energy projects in Poland.

A lack of available connection capacity at the planned connection point means a refusal from the grid operator or a requirement to finance grid expansion – which is why capacity is checked before land is secured.

Natalia Sarna, Barrister (adwokat), Counsel, Dudkowiak & Putyra · Renewable energy projects in Poland

Building permit, notification of completion and occupancy permit

The building permit closes the preparatory phase. It is applied for after the environmental decision (where required), with a zoning basis and, on protected soil classes, after land has been excluded from agricultural production. The connection line itself is built under the simpler notification procedure. Which path each technology follows, with a path finder, is set out in building permits for renewable energy projects in Poland; the general rules of the construction process are in our guide to the property development process in Poland.

65 days

for the authority to decide on a complete application

1. Building permit

PV above 150 kW, wind farms, biogas plants and most larger installations

  • Paper or electronic application via e-Budownictwo
  • Construction design, land-use plan, PB-5 statement of the right to use the land
  • WZ decision where there is no MPZP
  • Phased implementation possible for parts that can operate independently

▼ THEN ONE OF TWO ROUTES

14 days

tacit consent unless the authority objects

2A. Notification of completion

Structures the permit does not send to an occupancy permit, e.g. ground-mounted PV above 150 kW, energy storage facilities

  • Filed with the county building inspector (PINB), online via e-Budownictwo
  • Before operation and before the licence or register entry
  • A certificate of no objection allows operation before the 14 days run out

21 days

for the mandatory inspection after a complete application

2B. Occupancy permit

Onshore wind farms, hydropower, geothermal, biogas and biomass plants classified as industrial buildings; partial commissioning; legalisation

  • Fire service and sanitary inspection notified first; 14 days to respond
  • Inspection announced 7 days ahead; investor present
  • Decision valid indefinitely; appeal within 14 days

In practice: a material deviation from the building permit costs the investor the simplified notification: the authority objects and requires a full occupancy permit or opens corrective proceedings.

Electricity generation licence and the MIOZE register

The licence is the last step before electricity can be sold lawfully. It authorises business activity in the energy sector and sets its conditions and duration.

Installed electrical capacity Regime Authority
Up to 50 kW (micro-installation) No licence and no register entry; prior notice to the grid operator Distribution or transmission system operator
Above 50 kW up to 1 MW (small installation) Entry in the MIOZE register instead of a licence President of URE
Above 1 MW Generation licence for 10 to 50 years President of URE

The Energy Law also exempts certain technologies from the licence regardless of capacity, including generation exclusively from agricultural biogas and exclusively from biofuels. The application goes to the URE regional office competent for the installation or the investor’s seat, also via ePUAP. It includes the investor’s National Court Register extract, a list of controlling entities with their criminal-record certificates, tax office and social insurance (ZUS) certificates, a bank certificate of financial capacity, documents of title to the land, the building permit, proof of lawful completion and the grid operator’s documents. The statutory 30 days usually become several weeks to several months. An appeal goes, through the President of URE, to the Court of Competition and Consumer Protection within 14 days. Trading and distribution licences are covered in our energy law guide.

Official fees and timelines for renewable energy projects

Polish lawyers do not publish their fee rates. Below are the official fees and deadlines at each stage, with the statutory deadline shown next to what to expect in practice.

Connection conditions

PLN 1 / kW

application fee, max PLN 100,000, plus an advance of PLN 60 per kW, max PLN 6 million

STATUTORY

120 days above 1 kV; 45 days for rooftop PV up to 2 MW

IN PRACTICE

Conditions then valid for 12 months; without an agreement in that time they expire

Environmental decision

Stamp duty

on the application

STATUTORY

1–2 months

IN PRACTICE

Much longer: opinions, consultations, up to 3 years for a report

Building permit

Stamp duty

on the application

STATUTORY

65 days from a complete application

IN PRACTICE

Depends on the completeness of the design

Notification of completion

14 days

until tacit consent; filed online via e-Budownictwo

STATUTORY

14 days for an objection

IN PRACTICE

An earlier certificate of no objection is possible

Occupancy permit

21 days

for the mandatory inspection by the building inspector

STATUTORY

Inspection within 21 days

IN PRACTICE

Fire service and sanitary opinions within 14 days first

Generation licence

PLN 616

stamp duty

STATUTORY

30 days

IN PRACTICE

Several weeks to several months

Offshore cable permits

PLN 1,500

per PUUK or UUUK decision

STATUTORY

Opinions within 90 days

IN PRACTICE

Applications only after the PSZW permit

What most often goes wrong in renewable energy projects

These are the points at which projects in Poland most often stall or lose value.

No grid capacity

The site is secured before capacity is checked, and the operator refuses or requires grid expansion at the investor’s cost.

Lease without accession clauses

The lease does not say who owns the installation, so the rule that structures follow the land puts the investment at risk.

No zoning route

The municipality has no general plan, so a WZ decision is unavailable, and a request for a new MPZP does not bind it.

Expired connection conditions

With 12-month validity, conditions lapse if the agreement is not signed in time, and the reserved capacity is lost.

Full report demanded

For wind farms the RDOŚ often requires a full report, with at least a year of bird and bat monitoring and noise and shadow-flicker analyses.

Appeals and opposition

Appeals and administrative court proceedings, frequent near homes and protected areas, can extend the schedule significantly.

Renewable energy investment checklist

Sixteen steps in four stages, from checking the site to operation. They can be ticked off as you go; the PDF version also lists the evidence to keep for each step – the documents lenders, buyers and authorities will ask for.

BEFORE YOU SECURE THE SITE

LAND RIGHTS

PERMITS

COMPLETION AND OPERATION

Download the checklist (PDF)

Renewable energy matters from our files

Three matters that show where renewable projects in Poland carry legal risk: storage, a solar acquisition and the supply chain. Client details are generalised.

CASE · BATTERY STORAGE DUE DILIGENCE · 2026

Due diligence of battery energy storage projects of about 50 MWh

In 2026 Dudkowiak & Putyra carried out red-flag legal due diligence of three battery energy storage (BESS) projects of about 25 MW and 50 MWh in total, located on industrial sites in southern Poland, for an energy consultancy acting for a foreign investor. We checked land-register title, local plans, a public-purpose location decision, the building permits, grid-connection documents and the EPC and O&M contracts. The reports confirmed title and valid permits and flagged a possible storage licence for the largest unit, missing entries in the energy storage register, a pending land subdivision and gaps in BESS fire-safety provisions.

What it shows. Energy storage has its own regime: a BESS due diligence in Poland goes beyond land and permits to the storage register, licence thresholds under the Energy Law and fire safety in the EPC documentation.

CASE · SOLAR FARM ACQUISITION · 2024

Pre-acquisition due diligence of a ready-to-build solar farm of about 20 MW

In 2024 Dudkowiak & Putyra tested a ready-to-build PV project of about 20 MW in western Poland for a foreign investor before it committed to full due diligence. The project company leased about 36 ha until 2052 and held a 110 kV grid connection agreement and a power purchase agreement. Our report quantified the investor’s exposure under the connection agreement – the bank guarantee, the termination penalty and the connection costs – and flagged that the connection depended on the operator securing land for the route, that the landlord could terminate if no building permit was issued by a set date, and that a right of first refusal was unregistered.

What it shows. In a ready-to-build solar acquisition the value sits in the lease and the grid connection agreement: their milestones, guarantees and termination rights decide whether the project reaches construction.

CASE · PV SUPPLY CHAIN RESTRUCTURING · 2024

Protecting solar inverters in a Polish distributor’s restructuring

Dudkowiak & Putyra acted for the European arm of a manufacturer of solar inverters when its Polish distributor entered restructuring proceedings in 2023 with the client’s goods still in its possession. We secured the inverters under a deposit agreement and had the client placed in a separate creditor class, settled by return of the goods rather than a cash dividend, in the arrangement the court approved in June 2024.

What it shows. A supplier to the Polish solar market can protect its stock in a customer’s restructuring if the goods are secured early and treated as a separate class in the arrangement.

How we help

Dudkowiak & Putyra’s lawyers support renewable energy investors in Poland through the whole path: site and land due diligence, lease and easement agreements, environmental and zoning decisions, grid connection disputes before the President of URE, building permits and completion, and URE licences and register entries.

Land and permits in one team

The real estate practice handles leases, easements, zoning and land registers; the regulatory practice handles URE licences and proceedings. One team covers the site and the permits.

Due diligence on real projects

Our due diligence has covered ready-to-build solar projects and battery storage portfolios, including their leases, permits and signed grid connection agreements.

Foreign investors

Our renewable energy clients are investors, developers and suppliers from across Europe. We work in English, German and Spanish, and documents in Polish are explained clause by clause.

Tax and accounting alongside

Our tax, accounting and payroll team supports project companies with transfer pricing, VAT, reporting and day-to-day compliance.

What we do in renewable energy projects

01

Site and project due diligence

Title, land registers, local plans and WZ decisions, protected areas, permits and grid documents – as a red-flag report or full due diligence.

02

Land leases and easements

Leases that keep the installation the investor’s property, transmission easements for the cable route and easements for the rotor envelope.

03

Environmental and zoning decisions

Environmental decisions, WZ decisions, requests for local plans and ZPI, and appeals to the SKO, GDOŚ and administrative courts.

04

Grid connection

Applications for connection conditions, review and negotiation of connection agreements and their milestones, and disputes before the President of URE.

05

Building permits and commissioning

Building permit applications, notifications of completion and occupancy permits, and support during inspections.

06

URE licences and registers

Generation licences, MIOZE entries and URE proceedings, including responses to URE requests and penalty proceedings.

Who you work with

Natalia Sarna, Dudkowiak & Putyra

Natalia Sarna

Barrister (adwokat), Counsel
Author of this guide

Counsel in the real estate practice. At Dudkowiak & Putyra she advises on agricultural land and land for renewable energy projects, including green-lease clauses, and on financing, mortgages and land-register work for foreign investors.

Wojciech Kasprzak, Dudkowiak & Putyra

Wojciech Kasprzak

Attorney (radca prawny), Senior Counsel, Head of Real Estate and German Desk
Reviewer of this guide

Leads the real estate practice of Dudkowiak & Putyra. A transactional lawyer who moved into real estate from M&A, after Grant Thornton, Deloitte and Baker Tilly: asset and share deals, acquisitions of real-estate companies, financing and commercial leases for investors and occupiers. Law graduate of Adam Mickiewicz University in Poznań; member of the Poznań Chamber of Attorneys-at-Law; works in English, German and Spanish.

Sources and methodology

Legal basis. Act of 20 February 2015 on Renewable Energy Sources (ustawa o odnawialnych źródłach energii); Act of 10 April 1997 – Energy Law (Prawo energetyczne), as amended by the Act of 13 March 2026 (connection rules, in force from 30 April 2026); Act of 20 May 2016 on Investments in Wind Power Plants (ustawa o inwestycjach w zakresie elektrowni wiatrowych); Act of 17 December 2020 on the Promotion of Electricity Generation in Offshore Wind Farms (ustawa o promowaniu wytwarzania energii elektrycznej w morskich farmach wiatrowych), as amended by the Act of 9 October 2025; Act of 7 July 1994 – Construction Law (Prawo budowlane), as amended by the Act of 4 December 2025 (Journal of Laws 2025, item 1847); Act of 27 March 2003 on Spatial Planning and Development (ustawa o planowaniu i zagospodarowaniu przestrzennym), as amended by the Act of 7 July 2023 (Journal of Laws 2023, item 1688) and the Act of 30 April 2026 (Journal of Laws 2026, item 781); Act of 3 February 1995 on the Protection of Agricultural and Forest Land; Act of 3 October 2008 on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments; Regulation of the Council of Ministers of 10 September 2019 on projects likely to have a significant impact on the environment; Act of 20 July 2017 – Water Law; Act of 9 June 2011 – Geological and Mining Law; Act of 16 April 2004 on Nature Conservation; Act of 23 April 1964 – Civil Code. Texts: ISAP. Official information: ure.gov.pl (licences, MIOZE register), e-Budownictwo (building permits and notifications), geoportal.gov.pl (status of general plans), gdos.gov.pl (environmental decisions).

General plans adopted. 946 municipalities by 31 August 2026: figures of the Ministry of Development and Technology presented to the Sejm Committee on Local Government and Regional Policy on 3 September 2026.

Market data. Installed PV capacity at the end of 2025: Energy Market Agency (Agencja Rynku Energii, ARE) data collected for the Ministry of Energy.

State of the law: November 2026. This page is general information, not legal advice; the permits a specific project needs depend on its technology, capacity, site and the planning status of the municipality.

Corrections: none since publication.

FAQ – renewable energy investments in Poland

Renewable energy in Poland – frequently asked questions about permits, grid connection and licences

Does a solar farm in Poland need an environmental decision?

Not if its built-up area, measured around the outermost modules and including roads and transformer stations, does not exceed 1.0 ha, or 0.5 ha in or near protected areas, and never for rooftop or facade installations; above these thresholds the project is screened on the basis of a project information sheet.

When does a solar farm in Poland need a local zoning plan?

A local zoning plan (MPZP) is required for a PV plant above 1 MW regardless of land class, on class I–III agricultural land or forest land, and above 150 kW on class IV land; a WZ decision is not enough in these cases.

Does a photovoltaic installation in Poland need a building permit?

Only above 150 kW: up to that capacity there is no building permit or notification, and above it a building permit is required, followed by a notification of completion rather than an occupancy permit.

How far must a wind turbine be from homes in Poland?

As a rule ten times the turbine’s total height (the 10H rule); a local zoning plan may set a shorter distance, but never less than 700 metres.

How long are grid connection conditions valid in Poland?

Conditions issued from 30 April 2026 are valid for 12 months and expire if no connection agreement is signed in that time; conditions issued earlier keep their two-year validity, and offshore wind follows separate rules.

What does it cost to apply for connection conditions?

A non-refundable fee of PLN 1 per kW of connection capacity, capped at PLN 100,000, plus an advance on the connection fee of PLN 60 per kW, capped at PLN 6 million; sources connected through an existing connection, such as under cable pooling, are exempt.

Do I need a URE licence to sell electricity from a solar or wind farm?

Above 1 MW of installed capacity yes, a generation licence from the President of URE for 10 to 50 years; from 50 kW to 1 MW an entry in the MIOZE register is enough, and micro-installations up to 50 kW only notify the grid operator.

How long is an environmental decision valid?

It can be used for the next stages of the investment within six years of becoming final, extended to ten years if the authority confirms before the six years run out that the conditions remain valid.

Can a renewable energy project be built on leased land in Poland?

Yes, a lease is a sufficient basis, but the agreement must give a long-term right to build and operate and state that the installation belongs to the investor, because under the Civil Code structures generally follow the land.

Can I still get a WZ decision for a renewable energy project?

On an application filed from 1 September 2026 only where the municipality’s general plan is in force, while an application filed by 31 August 2026 is decided under the previous rules; a WZ decision issued from 2026 expires five years after becoming final, and wind farms can never be sited on a WZ decision, only on a local zoning plan.

Where can offshore wind farms be built in Poland?

Only in the exclusive economic zone, at least 12 nautical miles (about 22 km) from the coast, in areas designated in the maritime spatial plan, and only after obtaining a PSZW permit from the minister responsible for maritime affairs.

What official fees apply to a renewable energy project in Poland?

The main ones are the connection application fee and the advance on the connection fee, stamp duties on the environmental decision and building permit applications, PLN 616 stamp duty on a generation licence and, offshore, PLN 1,500 for each cable permit; lawyers’ fees are not published in Poland.

Expert team leader D&P Legal Natalia Sarna
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check full info of team member: Natalia Sarna
Expert team leader D&P Legal
Contact our expert
Write an inquiry: [email protected]
check full info of team member: Natalia Sarna