Renewable Energy and Biogas
Renewable and biogas projects — from land contracts and environmental decisions to grid connection and operation.
The Polish RES market has gone through several significant regulatory turns in recent years — from the wind distance act, through price volatility and the introduction of contracts for difference, to the development of the biogas and biomethane market. The firm’s practice covers full support of RES projects, with a particular focus on biogas and mid-scale photovoltaic, for both Polish and foreign investors.
Biogas and biomethane
A biogas plant differs from a typical RES project in feedstock complexity — it requires long-term substrate sourcing (silages, agricultural waste, digestates), supplier contracts, digestate-management plans, and for biomethane — connection to the gas grid. Each of these is a separate set of contracts and proceedings.
The practice covers project structuring (SPV, financing), substrate-supply contracts (most often with neighboring farms), connection contracts (electricity DSO or gas), environmental permits (with impact assessment, odor management, digestate management), building permits, and URE concessions.
Photovoltaic and wind farms
Photovoltaic projects currently dominate the Polish RES market. Advice covers land contracts (lease, easement, options), grid-connection applications (often the critical bottleneck), environmental decisions, local zoning plans, building permits, and bringing the project to “ready-to-build” — fit for sale or build-out.
Wind farms are additionally subject to specific distance restrictions and a more elaborate environmental procedure. After the 2023 amendment, the minimum distance from buildings was lowered, and the local plan was restored as the siting basis — opening a field of new projects but requiring careful per-site verification.
KOWR and agricultural land
Some RES projects are carried out on State Treasury land managed by the National Agriculture Support Centre (KOWR). KOWR negotiations have their own dynamic — governed by the act on managing State Treasury agricultural property, with rights of pre-emption, restrictions, and specific tender procedures. For projects starting on such land, early legal analysis often determines feasibility.
Auction system, FIT/FIP, PPA
Advice covers participation in RES auctions (qualification, tender documentation, guarantees), use of FIT/FIP for smaller installations, and negotiation of PPAs — direct sales to industrial off-takers. PPAs are currently the principal tool for long-term revenue security for mid-scale projects — their structure (price, balancing risk, penalties, security) is bespoke per project.
RES company M&A
The practice also covers M&A transactions at various project stages — early development (early-stage sales), ready-to-build transactions, and sale of operating assets. Each stage has a different risk profile and requires a different structure of representations, warranties, and price mechanisms.
- 01 You are planning a biogas, solar, or wind investment in Poland.
- 02 You are negotiating with landowners or with KOWR (State Treasury land).
- 03 You need support in environmental decision proceedings or grid-connection conditions.
- 04 Your project faces local opposition or neighbor appeals.
- 05 You are selling or acquiring a project SPV (special-purpose vehicle).
- 06 You are negotiating a PPA or participating in an RES auction.
- 01
Project structuring
Choice of investment model (own land, lease, perpetual usufruct, KOWR), SPV structure, sources of financing. Identification of regulatory and locational risks.
- 02
Land contracts and decisions
Negotiation of leases, transmission easements, preliminary lease agreements. Proceedings on building conditions, environmental decisions, building permits, grid-connection conditions.
- 03
Support scheme and grid
Participation in RES auctions, advice on feed-in premium / feed-in tariff mechanisms, PPAs with industrial off-takers. Negotiations with DSO/TSO on connection and costs.
- 04
Operation and exit
Operational compliance (URE, permits, concessions), O&M agreements, M&A on SPVs, indemnification and regulatory matters in the operational phase.
The Polish RES market is significantly funded by foreign capital — infrastructure funds, developers from Germany, France, Benelux, and the Nordics. The practice covers full Polish-side support of the project for foreign investors, coordination with the client's counsel, and bilingual documentation. Cross-border also for Polish developers investing in neighboring markets.
What is a PPA and when does it make sense?
A Power Purchase Agreement is a long-term electricity sale directly to an off-taker (most often industrial) or via a trader. It secures revenue for the producer and provides predictable price renewable supply for the off-taker. Suitable for projects from a few MW upwards and requires careful risk allocation.
How does the RES auction differ from FIT/FIP?
The auction system relies on competitive selection of producers willing to deliver energy at a set price for a support period (typically 15 years). Feed-in tariff (FIT) and feed-in premium (FIP) support smaller installations with fixed rates or a market-price premium. In Poland, FIT/FIP applies to smaller installations, auctions to medium and large projects.
What should be agreed in a land lease for biogas or a PV farm?
Most often: lease term (usually 25-30 years with renewal options), rent (fixed / indexed), right to transmission easement, suspensive condition (obtaining permits), right to return the land at end of operation, restrictions on lessor's use of the remainder, and an early-termination mechanism.
How long does it take to bring an RES project to "ready-to-build"?
For solar farms typically 18-36 months; for wind and biogas — 3-5 years, depending on location, grid availability, and possible objections. Key bottlenecks are connection conditions, environmental decisions, and the local zoning plan.
What did the distance act change for wind farms?
The 2016 act (the 10H rule) limited the distance from buildings to ten times turbine height. The 2023 amendment lowered the requirement to 700 meters (with reduction to 500 m possible under conditions) and reinstated the local plan as the basis for siting. Each wind project still requires individual assessment under current law and local conditions.