An energy storage facility (a.k.a. current storage facilit) in a photovoltaic system that focuses on the efficient use of green energy from photovoltaics. This solution is becoming increasingly popular in the renewables market and is moving towards establishing energy storage facilities as an integral part of a photovoltaic installation.
In accordance with the general rule expressed in Article 28(1) of the Act of 27 July 1994 – Construction Law (Journal of Laws 1994 No 89, item 414) (hereinafter: ‘the Act’ or ‘the Construction Law’), the execution of construction works requires a prior building permit, with the exceptions reserved in Articles 29 – 31 of the Act.
In accordance with the wording of Article 29(4) para. 3(C) of the Act, the performance of construction works related to the installation (enumerative catalogue) does not require a building permit and notification:
(i) heat pumps,
(ii) free-standing social collectors,
(iii) photovoltaic devices described in detail in the Act.
It is clear from the construction of the cited provision that energy storage facilities are not listed in the closed catalogue of exceptions and, consequently, are subject to the general obligation to obtain a building permit. The presented argumentation is supported by both literal and functional interpretation of the law.
In view of the growing role of energy storage facilities in the renewable energy market, there is speculation as to whether it would be reasonable to expand the catalogue of exceptions set out in Article 29.4 para. 3(C) of the Act for energy storage facilities, which would allow many investors to avoid the formalities of the administrative procedure.
4 April 2023
