CMS Expert Guide to Agrivoltaics and Floating Photovoltaics in France

Yes, agrivoltaics are regulated in France. With a law of March 10^th, 2023 on accelerating the production of renewable energy (the “APER Law” – now codified in the French Energy Code – see articles L. 314-1 and seq.), a new legislative and regulatory framework has been introduced, aimed at limiting conflicts of use between photovoltaic electricity production and agriculture. This law was introduced after years of legal uncertainty linked to recurring disputes in urban planning law over the compatibility of the implementation of photovoltaics and the agricultural use of the land. 

Currently, three different regimes coexist in France regarding photovoltaic production on agricultural land, i.e.: 

1. “Agrivoltaism” stricto sensu. It is defined as solar electricity production located on an agricultural land and contributing in a sustainable way to the agricultural production. To be considered as agrivoltaic, such installation must “provide the agricultural land with at least one of the following services, guaranteeing a significant agricultural production and a sustainable income to an active farmer or to an educational farm […]:
   1. Improving agronomic potential and impact;
   2. Adaptation to climate change;
   3. Protection against hazards;
   4. Improving animal welfare" (Article L.314-36 of the French Energy Code).
2. “PV compatible system”. It refers to photovoltaic installations that are designed to coexist with agricultural activities without providing the services mentioned above. Such projects can only be authorized on land previously identified in a framework document defined at the departmental level.
   Within the framework of these two regimes, the PV facilities must be reversible.
3. Greenhouses, hangars and canopies supporting solar panels. Such installations are authorized on the condition that they correspond to a necessity linked to the effective exercise of a significant agricultural, pastoral or forestry activity. 

Yes, in France, photovoltaic projects of all sizes have historically been developed on agricultural lands and buildings – insofar as they provided farmers with additional income. 

However, there are no indicators that can be used to quantify the number of projects developed, or even the exact potential. 

Since the entry into force of the APER Law, projects of a larger scale seem to be developing. For example, a pilot agrivoltaic project involving the installation of 4,387 sqm of photovoltaic panels with a total installed power of 991 kWp is planned in Amplepuis (69) on a 4-ha cattle farming site. This project is intended as a study site on the compatibility between PV installations and cattle farming. 

Before the APER Law was published, the main obstacles were related to the complex and changing legal framework, the need to maintain agricultural activity and to protect biodiversity and the environment. This regulation prevented the development of ground-based photovoltaic projects. The political and local reluctance are also a factor. 

Indeed, discussions are still ongoing, particularly about the sharing of value and the contractualization of agrivoltaic projects between the farmer and the PV developer. In addition, the drafting of the framework document defining the zones in which a “PV compatible system” may be developed at the departmental level is still in progress. 

The current targets for increasing installed photovoltaic production capacity are between 35 GW and 44 GW by 2028. 

To achieve these targets, it will also be necessary to mobilize certain agricultural land. Thanks to the size of its agricultural land, France has considerable potential in this field. 

However, it is currently very difficult to quantify the potential for developing photovoltaic technology on agricultural land. Once the legal framework is stabilized and the framework documents drawn up by the departments are finalized, the vision of the potential for agrivoltaics in France could be determined. 

Yes, there is financial support for the investment in agrivoltaics in France. 

For instance, for small installations on buildings with an installed capacity of less than 500 kWp (e.g. on agricultural hangars), a feed-in tariff is established by a Ministerial order. 

Larger photovoltaic installations located on agricultural lands may benefit from a power purchase obligation or premium fees through a competitive process (i.e. call for tenders organized by the Energy Regulatory Commission). 

Investment premiums are also possible in the case of on-site consumption. 

Moreover, local authorities often offer specific aid to encourage solar projects in the agricultural sector. 

Favourable tax measures – under certain conditions – and subsidies notable for innovative projects may also be noticed. 

In France, the floating photovoltaic sector is not regulated by specific provisions. 

There are two sets of rules to be considered for the installation of FPV systems: 

1. Authorisation under urban planning law. Depending on the output, FPV projects must be authorised by a prior declaration or a building permit. Moreover, depending on the geographical location, additional provisions may apply (Coastal Law and Mountain Law provide for urban planning limitations). 
2. Authorisation under environmental law. FPV projects are subject to Water law (prior declaration or authorization). When they exceed a certain output, these projects are subject to an environmental assessment and a compulsory public inquiry. Moreover, depending on the context, other requirements under environmental law may apply (e.g. protected species regulation). 

FPV is still not very widespread in France. However, several FPV projects have recently been inaugurated in France. 

For example, an FPV project has been recently inaugurated in Alsace, with an installed capacity of 20 MWp. 

Certain urban planning or environmental rules can slow down the development of FPV projects in France. 

Notably, the presence of protected species or habitats can slow down or even prevent projects from being carried out. Also, the implementation of an FPV project sometimes requires changes to local urban planning documents which can be time-consuming.

Moreover, developers point out a practical difficulty, namely the lack of clarity on how the provisions on land artificialisation regulation apply to FPV projects. Indeed, the French “Climate and Resilience” law dated 22 August 2021 set a target of zero net artificialisation of land by 2050 that shall be implemented by urban planning documents. However, to date, the question on how FPV projects should be treated regarding these provisions remains open. 

The FPV sector is still very recent in France. However, we may consider that it has considerable growth potential in view of many advantages it offers (e.g. high performance, less risk of vandalism, less competition for the use of land). 

If the FPV are finally not considered an artificialized surface, this sector may have a very high potential of development. Changes in the legal framework on this point will therefore be decisive for the sector. 

FPV projects may benefit from the power purchase obligation or premium fees through a competitive process (i.e. call for tenders organized by the Energy Regulatory Commission).

Local authorities may also offer specific aid, although this is not as widespread as for the other kind of photovoltaic installations.