Amendments on the Law on Agricultural Land and the Law on Construction facilitating the installation of photovoltaics

According to the proposed amendments on the Law on Agricultural Land, photo-power panels will be able to be installed on agricultural land from class five to class eight, in contrast to the current provisions that provide installation of photovoltaic panels on construction land with purpose 1.13, which enables the use of agricultural land in the production of electricity.

Namely, these proposed amendments do not violate the basic objectives of the Law on Agricultural Land, specifically the protection of agricultural land and its rational use as a limited natural resource which are not contested in any way.

Furthermore, with the Proposal of the Law Amending the Law on Agricultural Land, in addition to the possibility of building photovoltaic panels on agricultural land, changes of the necessary documentation which the applicant must submit are also proposed.

The production of electricity from renewable sources of energy (solar energy) for own consumption, has recently become more and more relevant, and with the latest legal changes and especially in conditions of an energy crisis, the entire process of installing photovoltaic power plants on the roofs of households, residential buildings and business facilities is now quite simplified.

Also, one of the more significant changes in this direction, are the amendments to the Rulebook on renewable energy sources, according to which it is now possible the installed power of the production plant instead of the previous 4 kW, to not exceed 6 kW for households and the community of tenants and instead the previous 20 kW for a small consumer, budget user and single user, the installed power of the production plant shall not be greater than 40 kW. With the Law Amending the Law on Construction (published in the Official Gazette No. 227 of 26.10.2022), in fact, the simplification of the procedure for installing photovoltaic power stations on buildings is approached, up to 6 KW for households and residential buildings and up to 40 KW for business entities.

Namely, the simplified procedure for installing photovoltaics, by consumer-producers who use the produced electricity for their own consumption and the excess of the produced energy is handed over to the electricity distribution network, implies that it will no longer be necessary to be issued a decision for installation of equipment (photovoltaic power plant) by the municipality, rather a notification to the municipality followed by the necessary documents will be enough. Namely, it will be necessary to submit an extract from the Central Register if it is a legal entity or a copy of an identity card if it is a natural person. Also, a title deed for the building or an agreement with the owner of the building, as well as a basic project for the installation of a photovoltaic plant, will be required.

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