CMS Expert Guide to Agrivoltaics and Floating Photovoltaics in Poland

Polish law does not contain specific regulations dedicated to agrivoltaics. Polish law does not distinguish between typical photovoltaic installations (PVs) and agrivoltaic installations (APVs). Therefore, the implementation of APVs is subject to the regulations applicable to traditional PVs, including the regime for the protection of agricultural land. This regulatory overlap presents significant challenges for the widespread adoption of APVs in Poland, as these installations must navigate complex land-use restrictions designed to safeguard agricultural interests, and also application of existing regulations concerning renewable energy and construction law which are not taking into consideration specific APVs conditions of development. The execution of APVs projects also go hand in hand with environmental protection regulations and the spatial development act, including the provisions of local zoning plans that apply to the areas where APVs are to be implemented. At the end of 2024, representatives of the Ministry of Climate and Environment and the Ministry of Agriculture and Rural Development announced work on regulations that would unlock the potential of agrivoltaics in Poland; however, no specific regulations have been proposed so far.

Technology still in the development phase in Poland is where two activities are combined on the same area of land, i.e. the production of electricity through PV installations and agricultural production on the same piece of land.  The first projects combining solar electricity generation with the cultivation of plants or animal husbandry are also being developed.  Examples in this area are bear garlic cultivation, melliferous flower meadows, and the farming of bees and sheep (on first class agricultural land) on PV installations. Absence of a clear and comprehensive legal framework for this sector has resulted in a lack of large-scale investments in Poland.

Yes, at the current stage of legislation regulatory hurdles exist for the implementation of APVs in Poland. The main regulatory obstacle to the development of APVs in Poland is the legislation on the protection of agricultural land. According to the current prevailing interpretation, placing a PV on high-value agricultural land is not permitted, as it is considered to transform the land into industrial use. This shift further excludes the land from agricultural production and requires approval from the competent authorities.  Consequently, it may be necessary to obtain a decision permitting the exclusion from agricultural production for the construction of PV installations on agricultural properties of class I-III and it is not permitted for properties with higher value of agricultural class. As mentioned above, Polish law does not distinguish between APVs and PVs, which entails that APVs are subject to PV regulations, creating a considerable blockade for the development of this sector.  

There is one exception to this approach – the construction of PV panels on agricultural property used exclusively for agricultural production with an electrical output not exceeding 150 kW does not require a decision to exclude the land from agricultural production, while in other cases (PV panels with an electrical output of more than 150kW) the investor needs to obtain a decision to exclude the land from agricultural production.

Furthermore, under current tax regulations, placing a PV farm on agricultural land (regardless of whether agricultural activity is carried out at the same time) results in significantly increased property taxes. This tax disparity presents a financial challenge for integrating renewable energy production with agricultural land use

In more recent case law, the courts allowed for the development of synergies between agricultural production and electricity production. However, they have also emphasised the need for the government to establish clear regulations for APVs.

As already mentioned, in November 2024, representatives of the Ministry of Climate and the Ministry of Agriculture announced that they would start working on a draft amendment to the regulations on agrivoltaics. The expected changes in the law are the introduction of a clear definition of agrivoltaics. It is necessary to harmonize the regulations with EU directives to maintain the status of agricultural land and allow its simultaneous use for PV installations, while simplifying administrative procedures so that the use of agricultural land for PV energy production does not lead to the loss of subsidies under the Common Agricultural Policy (CAP) and dedicated support for farmers.

Poland is increasingly emerging as a promising player in the APV sector, with substantial potential for the technology to reshape both its agricultural and energy landscapes. In 2024, agricultural land accounted for 59.5% of Poland’s area. With an annual average of 1,600 – 1,900 hours of sunshine, experts estimate that Poland has the potential to install a substantial amount of capacity through APVs. Not all agricultural land is intensively used, so less productive land can be used to combine crops with energy production. This is an opportunity for many farms, especially those struggling with low profitability.

What is more, the European Commission highlights agrivoltaics as a key strategy for increasing renewable energy production while maintaining agricultural activities. The Joint Research Centre report reveals that agrivoltaics alone have the potential to exceed the EU’s 2030 photovoltaic targets, offering a significant opportunity for sustainable energy production. Agrivoltaics align with the goals of the European Green Deal by contributing to the EU’s target of achieving climate neutrality by 2050.

All this could position Poland at the forefront of the rapidly growing agrivoltaics market, capitalizing on the dual benefits of renewable energy generation and efficient agricultural land use.

While Poland currently lacks dedicated programmes for APVs, there are existing initiatives aimed at supporting the broader renewable energy sector, including PVs, which could be leveraged to foster the development of APV projects. Investment in APVs may benefit from various European funds and programmes that support renewable energy and sustainable agriculture. The EU research and innovation programme Horizon Europe can provide grants for innovative APVs, especially those that advance technology and sustainability. The CAP is another EU programme that provides funding and support for sustainable agricultural practices within the EU. CAP can offer financial support for sustainable agricultural practices, which could include agrivoltaics as part of broader environmental and efficiency goals. There is also LIFE programme, which is the only EU financial instrument exclusively dedicated to providing financial support for environmental and climate protection projects. Lately, the LIFE ADAPT-PV programme has funded APV projects worth EUR 6.5 million.

Moreover, Investors interested in APVs may consider taking advantage of general, including local, support programmes for investments in renewable energy. The possibility of taking advantage of such support must be examined on a case-by-case basis, as support programmes are usually designed for traditional ground-mounted or roof-mounted installations. It should be noted that the sharing of agricultural land for agrivoltaics purposes may affect farmers' entitlement to direct payments.

FPV installations are still a relatively innovative technology in Poland, therefore there are no regulations specifical for this sector. Consequently, the general regulations for the construction of renewables apply also to FPV, including regulations concerning the regulatory side of renewable energy, construction law and water management with a particular emphasis on protecting water resources and ensuring the sustainability of aquatic environments. The realisation of FPV projects also requires taking into account environmental protection regulations as well as the spatial development act, including the provisions of local zoning plans, applicable to the areas where FPV are to be implemented.

Several FPV projects have been realised in Poland, but they are still innovative solutions. Examples of FPV realised in Poland are: a 0.5 MW FPV realised by Arta Energy for ZPK Snake on a reservoir created after gravel extraction in Czarne Błoto near Toruń, and two other FPV projects realised by Arta Energy with a capacity of 50 kW each. FPV executed by Energa in Łapino with a capacity of approximately 0.5 MW, and an FPV project carried out by Antamion on a rainwater reservoir in Gdańsk with a capacity of 49.5 kWp.

The FPV sector is in its early stages of development, and the main obstacle to implementing FPV in Poland is the lack of specific legislation for this type of investment. However, FPV implementation in Poland is possible provided that a number of legal requirements are met, including having a water permit and an environmental decision for the investment (when obtaining an environmental decision and a water permit, the type of water reservoir on which the FPV will be located is of significant importance) and a building permit decision. The possibility and rules for implementing an FPV project in a given area may also be regulated in local zoning plans. In order to confirm the possibility of implementing an FPV project in a given area, it may be useful to obtain the promise of a water permit, i.e. a confirmation that such a permit will be issued for the planned FPV investment.

Currently, no legislative works concerning FPV are being conducted in Poland, despite the fact that the Polish legal system lacks dedicated regulations defining the principles of design, location and construction of such installations. Therefore, it is reasonable to undertake legislative measures that will facilitate the development of FPV, in particular by introducing a definition of FPV, simplifying administrative, environmental and water law procedures for FPV, including, among others by exempting installations up to a certain capacity from the obligation to obtain a building permit, facilitating the obtaining of environmental decisions and water permits for FPV, and introducing investment support and an incentive system for FPV.

The total domestic potential for FPV is estimated at around 3 GW of installed capacity, considering only artificial reservoirs, such as retention, post-mining and dam reservoirs at hydroelectric power plants. However, an equally important aspect of FPV potential in Poland is the possibility of developing offshore solar technology in the Baltic Sea. In addition, Poland has an average of 1600/1900 hours of sunshine per year, making it an ideal place for FPV projects.

Currently, there are no specialised support programmes in Poland dedicated exclusively to FPV. However, investors interested in FPV may consider taking advantage of general, including local, support programmes for investments in renewable energy. The possibility of taking advantage of such support must be examined on a case-by-case basis, as support programmes are usually designed for traditional ground-mounted or roof-mounted installations.