On February 7, 2023, another version of the Draft Act amending the Spatial Planning and Development Act and certain other acts (UD 369, “Draft”) was published after consultations within the Legal Committee.

Despite last year’s declarations by the Ministry of Entrepreneurship and Technology, the draft reinstated some regulations that were very unfavorable for the development of the PV sector.

Firstly, in accordance with the current wording of the Draft (Article 14, point 13 of the Draft), it will no longer be possible to locate PV installations with a capacity of more than 150 kW on class IV land based on the decision on development conditions. Earlier versions of the project allowed for such a possibility for installations with a capacity of up to 1 MW.

Secondly, the time limits for the validity of the zoning decision were restored to 5 years from the date of its entry into force (Article 14, point 58 of the Draft). Decisions on development conditions that become final before the entry into force of the Project will remain unlimited.

The next stage of the legislative process is the adoption of the draft by the Standing Committee and the entire Council of Ministers. PSF will take steps to remove these amendments from the Project, which are unfavorable for the rapid development of the sector.

More information HERE