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The Sejm has adopted the government's bill amending the wind farm investment act


​by Jakub Plebański

17 February 2023

The bill adopted by the Sejm relaxes the rules for the siting of onshore wind farms in Poland, albeit to a lesser extent than the industry expected. In addition to unlocking the development potential of wind energy in Poland, its adoption is also crucial for the disbursement of funds from the National Recovery Plan. 

The most important change coming with the bill is the possibility to partially abandon the so-called 10h rule, under which a wind farm may only be sited at a distance of minimum ten times the total height of the wind farm from residential buildings or mixed-use buildings. The new solution allows a municipality to site a wind farm at a distance of at least 700 metres from the nearest residential buildings or mixed-use buildings on the basis of a local spatial development plan. Setting the new distance will have to be preceded by a strategic environmental impact assessment.

Please note that the distance restrictions apply to the siting, construction and to reconstruction of a wind farm. In the case of wind farms that were built before the effective date of the amendment, it is only allowed to carry out repairs or activities necessary for their proper operation, excluding activities leading to an increase in the power or environmental impact of such wind farms. 

Please note that changes include, among others, investor's obligation to transfer 10% of the installed capacity of the wind farm to residents of the municipality where the wind farm is erected, acting as virtual prosumers. Another important aspect are additional provisions on ensuring safe operation of wind farms, certification of production equipment and closer collaboration between the producer and the Office of Technical Inspection.

The bill amending the Wind Farm Investment Act is currently being deliberated on in the Senate.

If you have questions about the planned changes, please contact our experts.


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