CMS Expert Guide to Agrivoltaics and Floating Photovoltaics in Austria

Yes, there are regulations applicable to agrivoltaics in Austrian federal and state legislation. The Austrian Renewable Energies Expansion Act (Erneuerbaren-Ausbau-Gesetz, EAG) defines in its § 5 (1) item 2 agrivoltaics areas as land areas used both for the generation of electricity using photovoltaics and for agricultural production (i.e. areas with a dual function). Material provisions on the factual implementation of agrivoltaic projects are however subject to Austrian state law, in particular state spatial planning acts (Raumordnungsgesetze), which set out basic rules regarding the areas on which photovoltaic modules may be installed, the state electricity industry acts (“Landes-ElWOGs”), which set out the electricity-law approval requirements, and the state building codes (Bauordnungen). The specific areas eligible for the installation of photovoltaic plants are determined by the zoning plan (Flächenwidmungsplan) issued by the local municipalities based on the state spatial planning acts and, if applicable, any state government ordinance. Consequently, there is regulatory basis for the installation of agrivoltaics; however, all requirements need to be assessed on a case-by-case basis depending on the relevant state.

Although agrivoltaics are not yet a large-scale phenomenon in Austria, projects have been implemented in this area since 2019, starting with 60 bifacial modules (22.5 kWp) on a potato farm in lower Austria operated by the utility provider Wien Energie. Since then, various projects have been implemented, including in cooperation with the University of Natural Resources and Life Sciences, Vienna. As the implementation of ground-mounted PV (e.g. agrivoltaics) will be necessary to achieve Austria’s 41 GWp target regarding the expansion of photovoltaics by 2040, we expect more installations in the future and an attractive investor environment.

Yes, there are, because planning and implementation is subject to a detailed assessment of the relevant state requirements. In addition, the applicable zoning plan must be reviewed within the planning phase, rendering the realisation of an agrivoltaics project highly dependent on the specific location (state and municipality). Subject to the specific location and envisaged agricultural usage, nature conservation and animal protection laws may also become relevant. In certain circumstances, an agrivoltaic plant may require aviation law approval (optical or electrical interference).

Austrian agricultural areas offer great potential as they seem sufficient to cover the large-scale introduction of agrivoltaics into the renewables generation mix. Gross estimates refer to an agrivoltaics potential of more than 27 GWp. Soon, the expansion of agrivoltaics systems and their integration into renewable energy communities can be expected with the aim of fostering grid-friendly local/regional generation and consumption. As stated above, the implementation of ground-mounted PV (e.g. agrivoltaics) will also be necessary to fulfil national photovoltaics expansion objectives and, consequently, the EU Green Deal targets.

Federal and state subsidies for photovoltaic systems, including for agrivoltaics, are generally available in the light of the ambitious renewables expansion targets. Due to the rather new Austrian government and expected budgetary measures, it is still unclear which subsidies will be maintained, suspended or which new subsidies will be introduced. However, within the framework of the European Common Agricultural Policy (“CAP”) for 2023–2027, financial subsidies for agrivoltaic systems can be applied for in Austria. Existing subsidies must be checked regarding the agrivoltaics project’s specifics.

Federal and state subsidies for photovoltaic systems, including for agrivoltaics, are generally available in the light of the ambitious renewables expansion targets. Due to the rather new Austrian government and expected budgetary measures, it is still unclear which subsidies will be maintained, suspended or which new subsidies will be introduced. However, within the framework of the European Common Agricultural Policy (“CAP”) for 2023–2027, financial subsidies for agrivoltaic systems can be applied for in Austria. Existing subsidies must be checked regarding the agrivoltaics project’s specifics.

In February 2023, an FPV plant in Grafenwörth (Lower Austria) became operational, with a capacity of 24.5 MWp and consisting of over 45,000 PV modules. The FPV plant can supply around 7,500 households with electricity and was designated as the largest of its kind in Central Europe. However, FPV projects remain scarce, with only one other smaller plant in Styria (800 MWh p.a.) known to us.

The regulatory uncertainty usually accompanying innovations and early mover endeavours poses the biggest “regulatory hurdle”. Depending on the location of a contemplated FPV plant, close(r) alignments with the competent authorities may be required. Difficulties may also arise based on nature conservation laws. In certain circumstances, an FPV plant may require aviation law approval (optical or electrical interference).

Experts believe that an expansion of FPV from the current approx. 25 MW to 225 MW by 2030/2040 would be realistic, leading to the generation of 200 GWh p.a. The potential is deemed limited due to the higher costs and possible limitations pertaining to nature conservation requirements. However, investors may still capitalise on early mover advantages in a segment which will likely stay a niche market for the near future (and thus may not attract significant competition).

In Austria, there are only very few subsidies explicitly referring to FPV, e.g. a subsidy granted by the state of Styria for FPV with at least 20 kWp. Existing subsidies must in any case be checked regarding the FPV project’s specifics. Please note that due to the rather new Austrian government and expected budgetary measures, it is still unclear which subsidies will be maintained, suspended or which new subsidies will be introduced.