Written by Natalia Sarna, Barrister (adwokat), Counsel, and Anna Cichoń, Lawyer, Counsel
Reviewed by Michał Puk, Barrister (adwokat), Supervising Partner, Commercial and Regulatory
First published: 13 May 2025
Last updated: 10 November 2026
Quick answer
What does a biogas or biomethane plant need in Poland?
Agricultural biogas plants up to 0.5 MW need no environmental decision; larger ones file a project information sheet, and plants processing waste on a large scale always need a full environmental report. Since 2023 a special act lets farmers and agri-food producers build plants of up to 3.5 MW of electricity on up to 1 ha with simplified zoning, grid connection and building permit procedures.
Producing electricity from agricultural biogas requires no generation licence – instead the producer is entered in the register kept by the National Support Centre for Agriculture (KOWR). Smaller plants can sell electricity at a fixed price or with a premium, and biomethane injected into the gas grid has a dedicated support scheme.
The schedule is set by the feedstock and the neighbours more than by the technology. A plant needs reliable supplies of manure, crops or agri-food residues within a short distance, room to store them, and a way to manage the digestate – and, because of possible odour, enough distance from homes to keep local acceptance. Biogas plants classified as industrial buildings also need an occupancy permit after construction, not just a notification.
0.5 MW
agricultural biogas plants up to this size need no environmental decision
8,000 h
a biogas plant can run up to about this many hours a year
3.5 MW
maximum electrical capacity under the 2023 special act
1 ha
maximum site area under the 2023 special act
How do biogas and biomethane support Poland’s energy goals?
Amid the push for energy transition and decarbonisation, Poland is increasingly developing renewable sources such as biogas and biomethane. They strengthen energy security, cut greenhouse gas emissions and offer a sustainable alternative to conventional natural gas – and because they can be produced from organic waste streams, they also support a circular economy.
- How biogas is produced. A biogas plant turns organic matter – plant biomass, manure, agri-food waste, biodegradable municipal waste or sewage sludge – into biogas by anaerobic fermentation. The biogas is burned in cogeneration to produce electricity and heat, or upgraded to biomethane.
- Gas grid and transport. Biomethane can be injected into the gas grid or used as a transport fuel. Its use in transport counts towards the National Index Target, which sets the minimum share of renewable fuels in road and rail transport.
- Methane capture. Digesting manure and agricultural waste captures methane that would otherwise escape into the atmosphere, reducing emissions from agriculture.
The path for a biogas or biomethane plant in Poland in seven stages
The full renewable investment path is set out in our legal guide to renewable energy investments in Poland; the stages below show what is specific to biogas and biomethane.
A BIOGAS OR BIOMETHANE PLANT IN POLAND · SEVEN STAGES
1
Site, feedstock and land
Feedstock within a short distance, storage and digestate management, distance from homes and protected areas, and a lease that keeps the plant the investor’s property. How to secure the land is explained in our guide to site selection and land rights for renewable projects.
2
Environmental decision
Not needed for agricultural biogas plants up to 0.5 MW; above that a project information sheet; large waste-processing plants always need a full report. The procedure is covered in the environmental decision for renewable energy projects.
3
Zoning
A local plan or WZ decision – or, under the 2023 special act, a plan allowing agricultural or production use. The general rules are set out in zoning for renewable energy projects in Poland.
4
Grid connection
To the electricity grid and, for biomethane, the gas grid; the special act shortens the electricity procedure. Fees and deadlines are in our guide to grid connection for renewable energy projects.
5
Building permit
Issued within the general rules or the shorter deadlines of the special act. The application is described in building permits for renewable energy projects in Poland.
6
Occupancy permit
Required for biogas plants classified as industrial and manufacturing buildings, after a mandatory inspection; other plants start operating after a notification of completion.
7
Register and support
Entry in the KOWR register for agricultural biogas instead of a licence, then a fixed tariff, a premium, an auction or biomethane support. Licensing in general is outlined in the licence section of our renewable energy guide.
Unlike weather-dependent sources such as wind or solar power, a biogas plant can operate for most of the year, reaching up to approximately 8,000 operating hours annually.
PEP2040 and transport: the strategic role of biogas and biomethane
Poland’s Energy Policy until 2040 (PEP2040) identifies biogas and biomethane as key elements of decarbonising the energy sector, particularly in heating and transport. It provides for new biogas plants and for the development of distribution networks for biomethane.
- Transport targets. The Renewable Energy Directive (RED II) required a 14% share of renewables in transport by 2030, of which at least 3.5% from advanced biofuels, including biomethane; the 2023 revision (RED III) raised the ambition further, with a combined sub-target for advanced biofuels and renewable fuels of non-biological origin.
- Heavy transport. Biomethane is particularly suited to vehicles that need high energy density – trucks and public transport fleets – where electrification is difficult.
- Gas system. Integration with the national gas system lets biomethane replace part of conventional natural gas without new end-use infrastructure.
Development directions, instruments and challenges for the sector
Energy policy emphasises greater use of domestic biomass and of municipal, agricultural and food-industry waste to produce biogas and biomethane.
| Area | What it means |
|---|---|
| Priority: upgrading biogas | Technologies to purify agricultural biogas to biomethane quality for transport or for distribution through gas networks |
| Priority: new technologies | Biomass co-hydrogenation, renewable fuels from recycling and advanced methods of producing biogas from agricultural and municipal waste |
| Priority: conventional biocomponents | Biocomponents from food and feed crops blended into liquid fuels (E5/E10, B7/B10) up to the blending wall |
| Instrument: certification | Certification coordinated by the Ministry of Climate to ensure fuel quality and compliance with sustainability criteria |
| Instrument: tracking | An EU-wide database monitoring gaseous and liquid renewable fuels to prevent misuse |
| Challenge: technology | Technological and organisational barriers still hinder large-scale biogas and biomethane production from waste |
| Challenge: infrastructure | Gas networks need capacity to transport renewable gases such as biomethane |
| Challenge: feedstock | Wider use of food waste can bring energy producers into competition with agriculture and the food industry |
Site selection: feedstock, digestate and neighbours
Choosing the site is critical for a biogas or biomethane plant: logistics, infrastructure and legal conditions decide whether the project works.
- Feedstock supply and digestate. The site should allow efficient and economically viable deliveries, usually from farms or plants a short distance away, with storage space and options for managing the digestate.
- Distance from homes. Because of possible odour, the plant should stand at a sufficient distance from residential areas, with green buffer zones.
- Networks. Check the connection to the power grid and, for biomethane, the gas grid; proximity to district heating lets the plant sell its cogeneration heat; water and sewage connections are essential.
- Protected areas. A site within or near a national park, nature reserve, landscape park or Natura 2000 site can significantly hinder or prevent the project.
- Legal title. Ownership is safest; a lease should state that the plant was erected for temporary use and remains the lessee’s property, with a certified date or an entry in the land and mortgage register.
In the case of planned post-fermentation waste management under the R10 recovery process, regulations require that the lease agreement be executed in the form of a notarial deed.
Environmental decision for biogas plants
The environmental decision must be obtained before applying for a WZ decision and a building permit.
| Plant | Category | Consequence |
|---|---|---|
| Agricultural biogas plant up to 0.5 MW | Exempt | No environmental decision |
| Agricultural biogas plant above 0.5 MW | Potentially significant impact | Project information sheet (KIP); full report if the authority requires it |
| Plant processing waste (not agricultural biogas) of 10 tonnes a day or more, or with a capacity of 25,000 tonnes or more | Always significant impact | Full environmental impact report |
The authority must refuse the decision if the project conflicts with the local zoning plan or if the assessment shows a significant adverse effect on the integrity or conservation objectives of a Natura 2000 site.
The issuance of a decision on environmental conditions is not discretionary – the authority must refuse it where the location conflicts with the local plan or the project would significantly harm a Natura 2000 site.
The 2023 special act on agricultural biogas plants
The Act of 13 July 2023 on facilitating the preparation and implementation of investments in agricultural biogas plants came into force on 11 September 2023. It simplifies building and operating agricultural biogas plants for farmers and agri-food businesses that want to use their own biomass while meeting environmental standards.
- Faster construction. Streamlined administrative procedures, with shorter deadlines for the building permit.
- Simpler grid connection. Fewer barriers and shorter deadlines for obtaining connection conditions.
- No change of land use. Plants on up to 1 ha on farms do not require a change of land designation.
- Agri-food sites. Plants may be placed on agri-food processing sites if the local plan allows it, again up to 1 ha.
- Larger plants. Above 1 MW, where there is no local plan, the location can be set by a resolution of the municipal council.
- Waste and digestate. Certain types of biomass are exempt from the strict waste rules, and digestate can be used as fertiliser under simplified procedures.
The simplifications apply to plants of up to 3.5 MW of electrical capacity or 10.5 MW of thermal capacity in cogeneration, run by entities farming or producing agri-food products or wine, mainly using local feedstock; other investors build under the general rules. Following the act, the National Support Centre for Agriculture (KOWR) updated its rules and application form for registering agricultural biogas producers.
Legal requirements for biomethane and funding
- Quality and certification. Biomethane injected into the gas grid must meet the quality standards for natural gas, and the Energy Regulatory Office (URE) oversees fuel quality.
- Guarantees of origin. Producers can obtain guarantees of origin confirming the renewable character of their gas, which increases its market value, also abroad.
- Operating support. Biomethane producers have a dedicated market-premium scheme, which requires a certificate from the President of URE; biogas plants producing electricity can use fixed tariffs (below 500 kW), premiums (500 kW to 1 MW) or renewable auctions.
- Investment funding. Poland’s National Recovery Plan (KPO) provides funds for building biogas plants and infrastructure for producing and transmitting biomethane.
Grid connection, construction and the KOWR register
- Electricity and gas grids. Connection to the power grid follows the general rules; a biomethane plant also needs a connection to the gas distribution network.
- Occupancy permit. Biogas plants classified as industrial and manufacturing buildings (category XVIII of the Construction Law annex) need an occupancy permit after a mandatory inspection; others start operating after a notification of completion.
- No licence for agricultural biogas. Generating electricity exclusively from agricultural biogas, including in cogeneration, is exempt from the generation licence; the producer is entered in the register kept by the Director General of KOWR. Other biogas plants above 1 MW need a licence from the President of URE, and from 50 kW to 1 MW an entry in the register of small installations.
- Construction contracts. Plants are usually built by a general contractor with a specialist technology supplier under an EPC contract; Polish construction law – the site manager, the construction log, licensed designers and approval of design changes – applies to both.
Case study: a foreign EPC supplier on a Polish biogas plant
One matter from our files. Client details are generalised.
CASE · BIOGAS PLANT CONSTRUCTION · 2025–2026
Protecting a foreign technology supplier on a Polish biogas plant
An Italian supplier delivers and commissions the process equipment for a biogas plant in Poland under an EPC agreement. Since 2025 we have advised it on Polish construction law as the project neared completion – the duties of the site manager and the construction log, the need for a licensed Polish designer, written approval of design changes and the handling of weld non-conformities. In 2026 we assessed the construction director’s position on ten disputed issues, including a planned unilateral deduction from the supplier’s remuneration, demands for paper-only as-built records and claims for late-payment compensation, giving the supplier a documented basis for its responses.
What it shows. Foreign technology suppliers are bound by Polish construction law on site even under an international EPC contract – and the formal requirements, from licensed designers to as-built records, become leverage in payment disputes if they are not handled from day one.
Barrister (adwokat), Counsel
Co-author
Counsel in the real estate practice. For biogas plants she handles the land: farm and agri-food sites, leases that keep the plant the investor’s property – including notarial leases where digestate is recovered on the land – and the land-register entries that lenders check.
Lawyer, Counsel
Co-author
Counsel in the regulatory practice, working on energy and environmental law. She advises on renewable gases and fuels, including biomethane and hydrogen, and contributed to the Polish New Mobility Association’s report on hydrogen technology in transport.
Barrister (adwokat), Supervising Partner, Commercial and Regulatory
Reviewer
Supervises Dudkowiak & Putyra’s commercial and regulatory practice, including energy regulation, registers and support-scheme matters, and the supply and offtake contracts behind energy projects. Admitted to the Poznań Bar in 2018; law at Adam Mickiewicz University in Poznań.
Sources and methodology
Legal basis. Act of 13 July 2023 on facilitating the preparation and implementation of investments in agricultural biogas plants and their operation (Journal of Laws 2023, item 1597, in force since 11 September 2023); Act of 20 February 2015 on Renewable Energy Sources (agricultural biogas, the KOWR register, FIT/FIP, auctions and biomethane support); Act of 10 April 1997 – Energy Law; Act of 3 October 2008 on 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 7 July 1994 – Construction Law. Texts: ISAP. Official information: ure.gov.pl, KOWR.
Secondary sources. URE communication on the 2023 amendment of the Renewable Energy Sources Act; Gramwzielone.pl and Nowa Energia on the 2023 special act.
Own data. Dudkowiak & Putyra’s real estate practice as of 25 September 2026: 60 matters in construction law and the investment process (including PV and energy), planning and environment opened in the four years to that date, counted by the subject of each matter, with matters for the same client counted separately; over 450 clients from 44 countries since 2014, over 75% of them foreign.
History of this page. First published on 13 May 2025 as “Biogas and biomethane – supporting Poland’s energy transition” by Anna Cichoń; rebuilt and expanded in November 2026 with the investment path from the renewable energy guidebook by Natalia Sarna.
State of the law: November 2026. This page is general information, not legal advice.
Corrections: none since the rebuild.
FAQ – biogas and biomethane plants in Poland
What counts as agricultural biogas in Poland?
Biogas produced from agricultural raw materials, agricultural by-products, manure, residues from the agri-food industry or forest and plant biomass, excluding gas from landfills and sewage treatment plants.
Can raw biogas from wastewater treatment plants be used for renewable energy?
Yes, biogas from the anaerobic digestion of sewage sludge is used to generate electricity and heat or upgraded to biomethane; it is not agricultural biogas, so the general rules on licences and permits apply.
Can landfill owners produce energy from landfill gas?
Yes, landfill gas can be captured and used to generate renewable energy, which also reduces methane emissions from the landfill.
What substances are checked before biomethane enters the gas grid?
Upgraded biomethane must meet natural gas parameters, including limits on hydrogen sulphide, other sulphur compounds, oxygen and trace components, set in the grid operator’s requirements.
Why is biomethane an alternative to fossil natural gas and LNG?
It is produced from manure, crop residues and other organic matter, can use the existing gas infrastructure and fuels CNG and LNG vehicles, reducing reliance on imported fossil gas.
Can a foreign company use the 2023 special act?
Only through an eligible entity – one running a farm, producing agri-food products or wine, or certain cooperatives; other investors build biogas plants under the general rules.
How long is the environmental decision for a biogas plant valid?
It can be used for the next stages within six years of becoming final, extended to ten years if the authority confirms before the six years run out that its conditions remain valid.
Does a biogas plant need an integrated permit?
Only above the industrial-emissions thresholds, in particular when it treats more than 100 tonnes of non-hazardous waste a day by anaerobic digestion.
How long does biomethane support last?
The market-premium scheme for biomethane provides support for up to 20 years.
Can a biogas plant share a grid connection with a solar farm?
Yes, under cable pooling a new source can use an existing connection, and sources connected this way are exempt from the application fee and the advance on the connection fee.
