Government changes law: Even a tiny energy warehouse will require a construction permit

The government adopted a draft amendment to the construction law, which importantly changes the rules on the installation of home energy retention facilities. From now on, any device with a capacity exceeding 20 kWh will require a formal construction permit. This decision creates controversy among RES marketplace experts who inform that the fresh rules can hinder the improvement of prosumer energy alternatively of supporting it.

Amendment adopted by the Government

In June 2025 the Polish government adopted draft amendment of construction law, which, according to the Ministry of Development's assurances, aimed at simplifying procedures for private investors and local governments. The key change concerns energy retention – devices that are becoming increasingly crucial in the context of the improvement of photovoltaics and electromobility.

According to the amendments, energy retention with a capacity exceeding 20 kWh will require a construction permit. Equipment with a lower capacity will proceed to be installed without additional construction formalities.

What is the threshold of 20 kWh in practice?

For those not acquainted with the subject of prosumer energy, the threshold 20 kilowatt hours (kWh) He may seem tall. In practice, however, it is low value – especially in the context of the improvement of modern home installations.

For comparison:

• Average electrical car has a battery with a capacity 40 to 80 kWh, which is two to 4 times greater than that threshold.
• In the government program ‘My Current 6.0’ It is recommended to install an energy retention capacity not more than 1,5 times the capacity of the photovoltaic system, which for households frequently means warehouses with a capacity 30-40 kWh or more.

This means that in practice most functional energy retention solutions utilized by prosumers will be covered the request to get a construction permit – time-consuming, costly and subject to additional formal requirements.

Deregulation or a fresh problem?

The government presents the amendment as Step towards deregulation and facilitate investment in civic energy. In practice, however, experts stress that so far energy retention facilities have been treated as method devicesnot building facilities. Therefore, they were not subject to the requirements for building licences, provided they were mounted as elements of an existing installation.

The introduction of a threshold of 20 kWh means that for the first time statutoryly defined formal limitabove which the investor will gotta face complete administrative process, including a construction project, supervision and compliance with the local planning plan.

Potential impacts on the RES market

According to many renewable energy professionals, the amendment may weaken the dynamics of the energy retention marketwhich so far has developed in Poland rather slow but stablely.

The introduction of a construction licence for warehouses with a capacity exceeding 20 kWh may consequence in:

• Increase in investment costs for households and tiny businesses.
• Extension of task implementation time – construction procedures are frequently months of waiting.
• Distortion of possible prosumers, especially older or little acquainted with authoritative formalities.
• Inhibition of task implementation in government grants (like My Current), whose requirements have not yet been aligned with the fresh rules.

Experts are informing that at a time erstwhile the European Union and another associate States are committed to speeding up the energy transition and decentralisation of systems, Polish government can go in the other direction, adding obstacles alternatively of removing them.

Can change inactive be stopped?

The draft amendment was adopted by the governmentBut that doesn't mean it's coming into force yet. It is essential complete legislative processincluding:

• public consultation,
• work in parliamentary committees,
• votes in the Sejm and the Senate,
• signature of the president of Poland.

Industry and prosumer organisations have already announced call for Members to reject or amend the rules in the current shape. They postulate among others:

• increase the threshold for exemption from construction permits to at least 50 kWhwhich would be in line with the practice of another EU countries,
• introduction of a simplified notification procedure, alternatively of a full construction permit,
• transparent method guidelines, which will let safe but simple installation of home energy retention facilities.

Future prospects

The revision of construction law on energy retention is key minute for the Polish RES market. If fresh government enters into force in its current form, this could mean a crucial slowdown in improvement Dispersed energybased on prosumers utilizing PV installations and energy storage.

When Climate change and the energy crisis Force fast action, government should facilitate adaptation of fresh technologiesnot to make it harder. The government will gotta answer the question of whether it wants to support the improvement of green energy in practice or just in declarations.