Energy sharing 2.0: New rules for energy communities and joint energy use apply from 1 October 2026

Austria's new Electricity Industry Act (ElWG) (BGBl. I Nr. 91/2025) fundamentally reshapes the legal framework for the shared use of electricity. From 1 October 2026, the concept of "gemeinsame Energienutzung" (joint energy use), governed by the ElWG (§§ 65 ff ElWG), becomes fully operational and establishes a broader framework for local energy sharing, energy communities and peer-to-peer electricity transactions. Existing energy communities will be transitioned into the new regime, and a range of new rights, obligations and business models will become available.

The ElWG creates a single legal framework for all forms of energy sharing — from energy communities to peer-to-peer contracts — effective 1 October 2026. New models, lighter structures and the option to outsource administration through an Organisator open significant opportunities for corporates, real estate developers, municipalities and innovative service providers.

Key Takeaways

For many businesses, the key question is no longer whether energy sharing is legally possible, but which structure is the most efficient. The new framework substantially expands the range of available models and should accelerate the development of local renewable energy projects, corporate energy-sharing concepts and innovative customer-focused electricity solutions.

• Existing renewable energy communities (EEGs), previously regulated under the Erneuerbaren-Ausbau-Gesetz (EAG, BGBl. I Nr. 150/2021), and citizen energy communities (BEGs), previously regulated under the ElWOG 2010 (Elektrizitätswirtschafts- und -organisationsgesetz 2010, BGBl. I Nr. 110/2010), are now governed by §§ 65 to 72 ElWG and continue to operate as part of the new system from 1 October 2026.

Erneuerbare-Energie-Gemeinschaften (EEGs) are legal entities — typically structured as associations (Vereine), cooperatives (Genossenschaften) or companies — whose members jointly produce, consume, store and sell renewable electricity. Membership is open to natural persons, municipalities, local authorities and SMEs. EEGs must operate within a defined proximity area (Nahebereich), specifically the Lokal- or Regionalbereich. Their primary purpose must be to deliver environmental, economic or social benefits to their members, not financial profit.

Bürgerenergiegemeinschaften (BEGs) follow a similar model but with a broader geographic reach — they are not limited to Nahebereiche and can operate across grid areas. BEGs may include natural persons, legal persons and municipalities as members. Control must rest with natural persons, municipalities or small enterprises. Like EEGs, their main purpose must not be financial profit.

• New models become available, including peer-to-peer (P2P) electricity transactions under § 68 Abs. 1 ElWG and simplified forms of energy sharing that do not necessarily require a dedicated legal entity. The ElWG creates the role of an "Organisator”, allowing operational and administrative functions to be outsourced.
• Certain participants will be subject to new supplier-style obligations, including contractual and billing requirements.

In short, the new framework opens significant opportunities for corporates, real estate projects, industrial sites and municipalities seeking to optimize local renewable generation and electricity costs.

A New Umbrella Concept: "Gemeinsame Energienutzung"

One of the most significant innovations of the ElWG is the introduction of "gemeinsame Energienutzung" as a comprehensive legal concept. This is defined in § 68 ElWG and regulated in the broader framework of §§ 65–72 ElWG. Rather than regulating individual structures separately, the new framework captures a broad range of energy-sharing arrangements under a common set of principles. The concept builds upon existing models such as renewable energy communities (EEGs), citizen energy communities (BEGs) and communal generation facilities (gemeinschaftliche Erzeugungsanlagen).

The ElWG now accordingly distinguishes two routes into gemeinsame Energienutzung: first, through membership in the same legal entity (e.g. an EEG or BEG), and second, through direct contractual relationships between participants (Peer-to-Peer-Verträge). Both forms coexist within the same statutory framework and share accordingly aligned rules for metering, settlement and compliance.

The ElWG defines four proximity tiers (Nahebereiche) for energy sharing: gemeinschaftliche Leitungsanlagen, Standortbereich, Lokalbereich and Regionalbereich. The applicable tier determines the relevant network tariff treatment and is a key factor in project structuring.

To illustrate: the gemeinschaftliche Leitungsanlage tier covers installations connected via shared internal wiring (e.g. within a single apartment building); the Standortbereich covers a single site connected via shared main lines; the Lokalbereich extends to all participants connected within the same low-voltage distribution network and transformer station; and the Regionalbereich covers participants connected via the medium-voltage network up to the busbar in the substation. Electricity may not be transmitted through grid levels 1 to 4 (high voltage) for the purposes of energy sharing.

In practice, this represents a move away from highly formalized participation models toward a more flexible framework designed to facilitate local electricity sharing and decentralized renewable generation. The framework implements requirements of Directive (EU) 2019/944 (Internal Electricity Market Directive) and Directive (EU) 2018/2001 (Renewable Energy Directive, RED II).

The Active Customer as the Central Concept

The ElWG places the concept of the active customer at the center of the new regime; the relevant rights are set out in § 70 ElWG.

Briefly summarized, an active customer is an end consumer — or a group of end consumers acting together — who goes beyond passive electricity consumption by generating, storing, selling or sharing self-produced electricity, or by participating in flexibility and energy efficiency programmes. The key statutory condition is that these activities must not constitute the customer’s main commercial or professional activity. This means, for instance, that a manufacturing company with rooftop PV qualifies as an active customer, while a professional electricity trader does not. Active customers may participate in up to five gemeinsame Energienutzung arrangements simultaneously with a single generation or consumption facility.

Active customers may generate, consume, store and share renewable electricity, either individually or collectively. The right to participate in joint energy use forms part of the broader consumer empowerment framework introduced by the ElWG.

Importantly, participation in energy sharing arrangements generally does not affect existing supply contracts or the customer's freedom to choose an electricity supplier. Conventional supply and feed-in arrangements continue to exist alongside energy sharing mechanisms.

Peer-to-Peer Electricity Trading

A particularly noteworthy development is the express recognition of peer-to-peer (P2P) electricity transactions.

In practical terms, a P2P electricity contract is a bilateral arrangement under which one active customer, e.g. a small business having its own rooftop solar plant, allocates surplus electricity directly to another participant, such as a neighboring business or household. The electricity still flows through the public grid (no direct physical line is needed), but it is allocated contractually between the parties. The network operator measures and settles the energy flows on a quarter-hourly basis. Crucially, P2P contracts exist alongside, and do not replace, the participants’ existing supply agreements with their electricity supplier — participation is additional, not a substitute.

From October 2026, electricity may be transferred directly between market participants on a contractual basis. This may be particularly attractive for neighbor-to-neighbor arrangements, commercial sites, industrial parks and corporate campus solutions.

The explicit statutory recognition of P2P structures could create an entirely new segment of decentralized electricity transactions and may stimulate innovative digital trading platforms and service providers.

The New Role of the "Organisator"

The ElWG introduces an optional “Organisator” in § 68 Abs. 2 ElWG.

In essence, an Organisator is a service provider appointed by the active customers (by contract or power of attorney) to manage the administrative and operational aspects of an energy-sharing arrangement on their behalf. This could be, for example, an energy management company, a software platform, an aggregator or a specialized service provider. The Organisator must be notified to the relevant network operator (Anzeigepflicht). No specific license is required, but where the Organisator assumes supplier obligations, it must comply with the corresponding consumer-protection requirements, including billing, information duties and change notifications.

The Organisator may assume administrative and operational functions such as communications with the network operator, settlement processes, contract management and billing activities. In addition, certain supplier obligations may be delegated to the Organisator.

Large enterprises may participate in gemeinsame Energienutzung with generation capacity of up to 6 MW and must be located within the Austrian bidding zone. This is likely to be one of the most commercially important innovations of the new framework. It enables specialized service providers, software platforms, aggregators and energy management companies to offer turnkey energy-sharing solutions while reducing administrative burdens for participants.

New Compliance Obligations

The ElWG also introduces additional consumer-protection and transparency obligations.

Where certain capacity thresholds are exceeded (30 kW for household customers, 100 kW for other active customers, EEGs and BEGs, see § 69 Abs. 1 ElWG), energy-sharing arrangements may become subject to supplier-style obligations under § 69 ElWG, including:

• general supply terms and conditions;
• information obligations;
• transparent billing requirements; and
• change notification obligations.

Businesses developing energy-sharing platforms and community energy projects should assess early whether their structures trigger these requirements. E-Control (Energie-Control Austria, the regulatory authority under the E-ControlG) will issue detailed implementing rules, including through the Other Electricity Market Rules (Sonstige Marktregeln Strom) and related ordinances (Verordnungen). The detailed billing and transparency requirements will be further specified by E-Control.

Implications for Existing Energy Communities

The changes do not require existing EEGs or BEGs to cease operations.

Current structures continue under the existing framework during the transition phase. The transitional provisions of § 189 Abs. 17 ElWG provide that existing gemeinschaftliche Erzeugungsanlagen and Energiegemeinschaften established under the ElWOG 2010 are to be transferred into the new §§ 65–72 ElWG regime once the relevant ElWG provisions become fully effective on 1 October 2026.

Outlook

The ElWG moves Austrian energy law beyond the traditional concept of the energy community and towards a broader ecosystem of decentralized energy sharing.

The combination of active customers, peer-to-peer arrangements, Organisator models and more flexible participation structures creates significant opportunities for renewable energy projects, real estate developments, municipalities, industrial sites and innovative service providers. The coming months will be crucial as market processes, network operator implementation measures and secondary legislation continue to develop ahead of the full application of the new regime on 1 October 2026. E-Control will continue to play a central role in developing the market rules (Marktregeln) and other secondary legislation.

Implementation measures by network operators (Netzbetreiber) must comply with the requirements set by E-Control under the ElWG. The anticipated ElWG-Einführungsverordnung and further E-Control ordinances will be critical for the detailed application of the new rules.

For further information, please contact your CMS relationship partner or the CMS Energy & Natural Resources team in Vienna.