THE 10H RULE BECOMES HISTORY – TIME FOR CHANGE!
The Council of Ministers of the Republic of Poland has adopted a draft amendment to the Act on Investments in Wind Power Plants, marking a long-awaited change in Polish energy legislation. The amendment aims to liberalize the rules for locating onshore wind farms and accelerate investment processes, which is crucial for increasing the share of renewable energy sources in the national energy mix.
Investors and the wind energy sector have high expectations regarding the introduction of these new regulations—this project is expected to speed up the construction of new installations and positively impact the stability and security of the power system.
It is estimated that the proposed changes will increase the land area available for wind farm investments by 26%, which should contribute to the development of 10 GW of new wind capacity by 2030—effectively doubling the current capacity.
The draft, adopted by the Council of Ministers, has now been submitted to the Sejm, where further legislative work will be conducted to refine and finalize the proposed changes.
SCOPE OF CHANGES IN THE ACT ON WIND FARM INVESTMENTS
The amendment to the Act on Wind Farm Investments introduces a number of detailed changes aimed at streamlining the process of locating and constructing wind farms:
• Repeal of the 10H Rule
The previously binding 10H rule required that turbines be built at a minimum distance of ten times their height from residential buildings. The new regulations entirely remove this requirement, setting the minimum distance from residential areas at 500 meters. This solution aims to enable faster and more flexible investment planning, which is key to achieving the ambitious development goals of the wind energy sector.
• New Distance Requirements from Protected Areas
The amendment specifies the minimum distances for turbine locations concerning protected areas. The minimum distance from the boundaries of national parks is set at 1,500 meters, while for Natura 2000 areas, it is 500 meters. These clear distance regulations aim to better protect the habitats of protected species, such as birds and bats.
• Integrated Investment Plan (ZPI)
The project provides for the possibility of locating wind farms based on a special integrated local spatial development plan—ZPI. Standardizing the planning process within this amendment is expected to shorten administrative procedures and increase the transparency and predictability of investment processes.
• Participation of Local Communities
Another key element of the amendment is a mechanism requiring that at least 10% of the capacity of newly built wind turbines be made available to local communities. This measure aims to introduce a form of prosumer energy, enabling residents to actively participate in green energy production and benefit from the energy transition at a local level.
SCOPE OF CHANGES IN OTHER ACTS
The amendment project is not limited to the Act on Wind Farm Investments—it also introduces significant modifications to other legal acts regulating the functioning of renewable energy sources:
• Clarification of Renewable Energy Support Mechanisms
The proposed changes aim to improve the operational support system for renewable energy sources. Modifications include setting the energy purchase price at 100% of the reference operational price, adjusting the support coefficient for modernized installations, and lowering the minimum energy supply threshold for producers to increase the competitiveness and efficiency of the entire system.
• Aggregation of Micro-Installation and Energy Storage Capacities
The draft introduces changes in the rules for aggregating the capacities of micro-installations and energy storage facilities to encourage prosumers to install higher-capacity storage systems. This will allow surplus energy to be stored, relieving the power grid and increasing the efficiency of self-consumption.
• Changes in Certification Requirements for Renewable Energy Installers
A significant change is being made to the certification process for renewable energy installers. The requirement for a university degree in a relevant field is being replaced with the obligation to pass a practical exam that comprehensively verifies the candidate’s skills. This change aims to streamline the certification process and increase the availability of qualified installers.
SUMMARY
The draft amendment to the Act on Wind Farm Investments and changes to other legal acts represent a comprehensive step toward liberalizing and streamlining the development of renewable energy sources in Poland.
The repeal of the 10H rule, the establishment of clear distance requirements from protected areas, the introduction of the Integrated Investment Plan, and support mechanisms for local communities form the foundation for the dynamic growth of the wind energy sector. At the same time, changes to the Renewable Energy Act and the Energy Law aim to improve data verification, facilitate biogas transportation, clarify support systems, and modernize certification procedures, all of which will contribute to achieving national energy goals.
Von Zanthier & Dachowski Law Firm will closely monitor further legislative work on the project and provide regular updates on modifications while supporting investors in adapting to the new regulations.
