Poland – Response to Case 2009
ENERGY EFFICIENCY AND RENEWABLE ENERGIES IN (TOWN) PLANNING LAW
Ad. 1 Is there a legislation in your country concerning the use of renewable energies or energy efficiency? Can municipalities create their own (or higher) regulations?
As the member state of the EU Republic of Poland was obliged to introduce the Energy Performance of Building Directive (EPBD) 2002/91/EC. In the year 2007 by the amendment of the Building Act the EPBD was transposed into a legal system. At the stage of seeking the building permission energy performance certificate is required.
Furthermore the use of renewable energies is also supported and regulated by economic assistance for building and development entities producing renewable energy or heat under the decree enacted by the Minister of Economy. That act determines circumstances and rules of granting assistance for units that produce energy from wind, water, or heat from sun and thermal springs.
Location of these units depends on spatial planning, especially local plans which determine land use. We must remember that in fact local plans must be in accordance with the law. Local municipalities are not eligible to create their own regulations. First of all they must obey national regulations and then they can be more strict, never the other way round.
Ad. 2 Are there special regulations for renewable energies or energy efficiency in planning law? Has the legislation mentioned in question 1 influence on the planning law? E.g. by setting requirements concerning the use of renewable energy for the energy supply or a standard for energy efficiency of building areas?
It’s the domain of building law not the spatial planning law. Energy Performance of Building has nothing in common with the location. It has a lot in common with obtainment the building permission and the construction design. In spatial planning (zoning scheme and local plans) municipalities point out the areas for conversion, rehabilitation and land reclamation. The arrangements for rehabilitation apply for existing buildings and infrastructure. By the arrangements of local plans municipalities define rehabilitation actions that ought to be taken, effects which those actions could bring and land using restrictions necessary for that aims.
Ad. 3 Does legislation (questions 1+2) only affect the planning for new buildings or does it also affect existing buildings? If yes, describe how.
According to Building Act energy performance of building certificates are required for the existing and for the new buildings. Keeping the low energy consuming as possible is the key issue. The same regulations are valid in case of the modernization of buildings. Location of renewable energies units so far has not got special planning law regulations. They must obey same regulations that any other investment. Proceedings from Spatial planning Act are crucial.
Marcin Lachowski, Poland