September 2023

Good News for Developers and Renewable Energy Sector

Great news for developers, construction companies, and the renewable energy sector!

On 13 September of this year, an amendment to environmental regulations came into force, increasing the upper area limit for garages, car parks, or parking complexes that can accompany construction projects, for which an official decision is required establishing the environmental conditions of an investment.

Changing Limits

This means that investors and developers are now only required to apply for such a decision for larger sites (with a parking area of no less than 1.0 ha, instead of the previous 0.5 ha). In protected conservation areas, this limit has also been raised to 0.5 ha from the previous 0.2 ha.

This change will significantly expedite the implementation of construction work, especially in cases where the car park area was often the sole reason for having to apply for a decision on the environmental conditions of the project. Obtaining such a decision may sometimes take up to one year.

It is worth noting that this amendment applies not only to car parks for residential projects but also to hotels, warehouses, industrial centres, shopping centres, as well as areas for other services such as hospitals, theatres, cinemas, and sports facilities.

Photovoltaic Projects

These regulations have also increased the area limit for applying for a decision on the environmental conditions of a project related to photovoltaic projects. Currently, such a decision is required for areas of at least 2.0 ha outside protected conservation areas, up from the previous 1.0 ha. The limit for protected areas remains unchanged at 0.5 ha. Importantly, the development of photovoltaic systems on the roofs and facades of buildings is completely exempt from the obligation to apply for a decision on the environmental conditions of the project.

It is important to note that these changes do not apply to proceedings concerning decisions on the environmental conditions of projects that were ongoing and not yet completed on 13 September 2023; for such cases, the previous regulations apply.

If you have any questions, please do not hesitate to get in touch with our expert in construction and environmental matters, Sebastian Janicki.