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The Wind Farm Investment Act signed by Polish President

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​by Jakub Plebański

15 March 2023


The amended Wind Farm Investment Act signed by the Polish President sets 700 metres as the minimum distance between wind turbines and buildings. According to the previously applicable rule, the so-called 10H rule, the minimum distance was 10 times the wind turbine’s maximum height.

The bill amending the Wind Farm Investment Act submitted to the lower chamber of parliament [Sejm] in July 2022 envisaged the minimum distance of 500 metres. Most energy companies used this distance as a reference point when designing their new wind farm projects. The Sejm ultimately rejected most of the amendments proposed to the amended Wind Farm Investment Act by the Senate and re-established the minimum distance between wind turbines and buildings of 700 metres. 

Energy companies say that the change of the minimum distance from 500 metres to 700 metres will significantly limit the potential of wind energy in Poland and will consequently cause green energy shortages in the grid.

Main assumptions of the Wind Farm Investment Act


New wind turbines will be located solely on the basis of the Local Spatial Development Plan (LSDP). The minimum distance – a distance within the range from 10 times the wind turbine’s maximum height (10H rule) and the minimum distance from residential buildings (700 metres) – will be determined based on, among others, the results of the environmental impact assessments carried out as part of the LSDP.

The bill maintains the 10H rule in respect of the distance from borders of national parks,  whereas the limit is 500 metres when it comes to the distance from borders of natural reserves. 

The new solutions provide that the investor will offer at least 10% of the wind farm’s installed capacity to municipality residents. Each municipality resident will be entitled to a share of up to 2 kW and will be allowed to reclaim electricity at a price following from the calculation of the maximum construction cost.


Do you have questions about the introduced changes? Are you planning to invest in renewable energies? You are welcome to contact our experts.

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