Due to the increasingly frequent refusals to determine the conditions of building and land development for PV installations, which potentially pose a serious threat to the further development of this technology in Poland, the Association has decided to send a position paper to competent public administration authorities.

There are some doubts in the case law of certain local self-government bodies whether concerning the provisions of the Act of 14 September 2018 on Spatial Planning and Development to qualify the PV installations as technical infrastructure devices, or as building objects. Classifying farms as building objects will significantly extend the procedure for obtaining a building permit, and as a result, in some cases, practically block the projects. The persistence of the described situation threatens development of the entire Polish PV sector.

In the PPA opinion, existing regulations and judiciary case law allow to state with certainty that the investment consisting in the construction of onshore PV installation is a technical infrastructure device constituting construction objects being structures constituting a technical and utilitarian whole with installations and devices.