How to check a parcel for a PV farm, wind or storage: a checklist

The question “whether this parcel is suitable for a photovoltaic farm, a wind farm or an energy storage facility” breaks down into several layers, each with its own document and authority. The guide walks through them in order and ends with a checklist.

The text does not replace analysis of a specific location. Planning and energy regulations were amended several times in 2026 r., so check the wording of each cited regulation in the current version of the act.

Where to start: parcel number and documents

Start by clearly identifying the land, i.e., the cadastral district number and the parcel number. The address is not enough, as one property may be divided into several parcels with different purposes and different soil classes.

Complete the basic documents:

• extract from the land and mortgage register: owner, easements and encumbrances,
• extract and copy from the land and building register, with use and soil quality class,
• extract from the local zoning plan or a certificate of its absence,
• information on access to a public road, as an easement is required without it,
• list of agreements encumbering the land, including agricultural leases and earlier agreements with developers.

The parcel’s surroundings are gathered in the parcel card for RES: available capacity of the nearest entry in the operator’s capacity list, connection applications, local spatial development plan, nature protection forms and flood risk. The card uses public registers, so it describes the context, not the status of a specific project.

Purpose in the local plan or zoning decision

The purpose of the land is determined by the local zoning plan, in accordance with Article 4(1) of the Act on Spatial Planning and Development. Where no plan exists, the method of development and building conditions are specified in a zoning decision (Article 4(2)(2) of the Act), and any change in land use without a plan requires obtaining such a decision (Article 59(1)).

For a wind farm the rule is stricter. The location of a wind farm is determined solely on the basis of a local zoning plan (Article 3 of the Act on investments in respect of wind farms). Without a plan permitting such development, the wind project starts with the planning procedure at the commune level, not with an application to the operator.

Soil class and protection of agricultural land

The soil quality class from the register determines how long the change of use will take. The conversion of agricultural land for non-agricultural purposes is carried out in the local plan (Article 7(1) of the Act on the Protection of Agricultural and Forest Land). For agricultural land of classes I, II and III, additional consent from the Minister responsible for rural development is required (Article 7(2)(1)). Consent is not required for the conversion of such land located in areas of housing development supplementation (Article 7(2a)).

The application for consent is submitted by the village head, mayor, or city president, not by the owner or investor (Article 7(3)). According to the sentence added to this paragraph, effective from 1 September 2026, the time limit for expressing consent is 120 days from the date of receipt of the application, and failure to express consent or refusal within this period is deemed equivalent to granting consent.

Distance from substation and available grid connection capacity

Land without a network in the vicinity remains agricultural land. Determine where the nearest substation with the appropriate voltage is located, what capacity the operator lists as available, and how many applicants are waiting in the queue.

Public data on available capacity and the queue provide network context, but do not confirm the possibility of connecting a specific project. Operator lists differ in their calculation method and data date.

The network environment is shown by the map of substations and available capacities, with the publication date of each operator, and the report on available capacities, which sums up the operators' publications for Poland and its voivodeships. The way to read these numbers is described in the guide to connection data.

If an installation with its own grid connection operates nearby, check sharing the connection point. Polish energy law allows connecting two or more RES installations to a network above 1 kV at a single connection point (Article 7(1f)), with one set of grid connection conditions and one agreement (Article 7(1g)). The scope after the amendment is described in the HWW material on sharing the connection.

Grid connection conditions: application, deposit, deadlines, refusal

The application must be accompanied by a declaration of location compliance in accordance with the local zoning plan, or, if no such plan exists, with the zoning decision, where required (Article 7(8d)(1) of the Energy Law). The operator may request an extract and site plan from the zoning plan or decision, setting a minimum of 21 days for supplementation (Article 7(8da)).

For connection to the power grid above 1 kV, the advance payment is 60 PLN per kilowatt of power indicated in the application, except for the addition of an installation or storage under the procedure of Article 7(1f). Where existing grid connection capacity is available, the advance payment is calculated on the increase (Article 7(8a)). The limit is 6,000,000 PLN, provided that the advance payment cannot exceed the anticipated connection fee (Article 7(8b)). A separate fee for the application must be considered, generally 1 PLN/kW, with a maximum of 100,000 PLN (Article 7(8b)¹), as well as security for the performance of obligations under the connection agreement (Article 7(8c)¹).

The deadline for issuing grid connection conditions depends on the application category under Article 7(8g). For networks above 1 kV, it is calculated from the payment of the advance (Article 7(8g)¹). Grid connection conditions are generally valid for one year from service, with exceptions specified in Article 7(8i)(2). For conditions issued before the amendment, the effects of transitional provisions must be determined separately; do not automatically shorten the date recorded in older conditions.

Basis for changes: Act of 13 March 2026, Journal of Laws 2026 item 516, Article 1(9)(v), (w), (x), (y), (z), (za), (zi) and (zj). Before submitting the application, check the operator's current form and transitional provisions applicable to the application date and conditions.

The obligation to conclude a connection agreement exists when there are technical and economic grid connection conditions, and the applicant meets the grid connection and reception conditions (Article 7(1)). A refusal does not close the case: the company must immediately notify the President of the Energy Regulatory Office (URE) and the applicant, providing reasons, and the dispute is resolved by the President of the Energy Regulatory Office (URE) upon a party's request (Article 8(1)), and the advance payment is subject to refund (Article 7(8j)(1)). The next steps are described in the HWW material on refusal to issue conditions.

Environmental restrictions and neighbourhood

A decision on environmental conditions is required for projects that may always significantly affect the environment and those that may potentially significantly affect the environment (Article 71(2) of the Act on access to information on the environment and its protection). The types of projects and thresholds are specified in a regulation issued by the Council of Ministers under Article 60 of this Act, so do not guess the threshold, read it from the regulation.

Check the forms of nature protection on the parcel and around it. The planning law treats the register of monuments, national parks and reserves with buffer zones, Natura 2000 areas and other forms of nature protection separately (Article 59(2b)).

In the case of wind, distance from buildings is decisive. The distance of a wind turbine from a residential building or a mixed-use building is equal to or greater than ten times the total height of the turbine, unless the local plan specifies a different distance expressed in metres, but not less than 700 m (Article 4(1) of the Act on investments in the field of wind turbines). Height is measured to the highest point at maximum blade rotation (Article 2(3)), and the rule works both ways, because a new residential building must stand no closer than 700 m from the turbine (Article 4(4)). The proposal to lower the threshold to 500 m is back in the debate, whereas under the current wording the minimum is 700 m.

Data on redispatching, negative prices and grid pressure is collected by the RES curtailment report, at national level and at high-voltage nodes, not for individual parcels.

What to check in a developer agreement

When the developer comes with a ready-made template, read these provisions first:

• identification of the subject, i.e. the parcel according to the land register and the area occupied by installations and roads,
• term of validity and conditions for the agreement to enter into force,
• rent and indexation, including the date from which the rent is payable,
• exclusivity for the investor and its scope,
• easements needed for access and power evacuation,
• demolition of the installation and restoration of the land for agricultural use.

The difference between leasing land and selling it is discussed in the text on leasing and selling land for RES, and a set of typical clauses is provided in the HWW material on land leasing for RES investments.

Checklist

• set the cadastral district and parcel number, then work with numbers, not the address,
• order an extract from the land and mortgage register, and an excerpt and map from the land register,
• check if there is a local zoning plan and what it allows on this site,
• for a wind project, start with the plan, without it there is no location,
• read the soil quality class and determine whether consent for a change of purpose is required,
• measure the distance to the nearest substation and check the list of available capacities with the data date,
• calculate the advance payment for the planned grid connection capacity and its deadline,
• check nature protection forms, flood risk and distances from buildings,
• determine whether the installation requires an environmental decision,
• for each response, save the document from which it originates.

HWW materials for further reading

In the HWW law firm library you will find materials: Grid connection conditions: how long does it take to issue. Before applying in a specific case, check the current legal status and project documents.