Direct contact to law firm
Berlin +49 30 88 03 59 0
Poznań / Warszawa +48 61 85 82 55 0
Berlin berlin@vonzanthier.com
Poznań / Warszawa poznan@vonzanthier.com
VON ZANTHIER & DACHOWSKI
Current articles
 

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.

Share this article

You may also be interested in these articles:

current, Investments in renewable energies
03.12.2025

Our Law Firm at Windenergietage 2025 in Potsdam

From 12 to 14 November 2025, the 33rd edition of Windenergietage took place at Kongresshotel Potsdam — one of the largest and most important wind energy events in Germany. This year’s conference brought together 4,419 participants representing nearly 500 companies, associations, foundations, and media outlets from the wind energy sector.

Read article
Other
01.12.2025

How we brought a protracted, cross-border legal dispute to a mutually agreeable happy ending

After a long-running cross-border dispute over damages between a German company and its Polish contractor, interrupted by COVID-19 restrictions and further complicated by the insolvency of both the claimant and the defendant, we successfully secured payment of PLN 500,000 from the insurer. The case was extremely complex in both substantive and procedural terms. The client was wary of the lengthy proceedings but ultimately satisfied with the outcome and the fact that neither an appeal nor, most likely, proceedings before the Supreme Court were necessary.

Read article
Investment and commercial law
01.12.2025

The most common mistakes made during debt collection and how to avoid them

The article highlights the most common mistakes that occur during the debt collection process and recommends specific actions to avoid them and recover funds more effectively. Additionally, it offers practical advice to streamline collection procedures and reduce the risk of financial losses.

Read article