New Construction Requirements for Energy Storage Systems
February 02, 2026
New Construction Requirements for Energy Storage SystemsFebruary 02, 2026 The amendment to the Construction Law Act of 4 December 2025 (the “Amendment”) introduced new solutions relating to the construction process for energy storage systems. It specifies which projects require a building permit or notification, and those that require neither (as discussed in more detail in our previous article). The Amendment also introduces a definition of an energy storage systems and new fire safety obligations. The changes are intended to help investors correctly classify structure as an energy storage system and, consequently, avoid doubts regarding the fulfilment of obligations to obtain building permits and notifications. The new regulations are also designed to support the integration of renewable sources into the power system. The adopted regulations also contribute to increasing the presence of energy storage systems on the Polish energy market, which fulfils the goals of the energy transition.
Definition of energy storage systemsOn 20 September 2026, a new definition of energy storage systems will come into force. The provisions introducing this definition refer to the definition of energy storage systems under Article 3(10k) of the Energy Law and clarify it. Under this definition, energy storage systems include:
Requirements for obtaining a building permit and notificationOn 7 January 2026, new regulations specifying rules for obtaining building permits and notifications came into force, clarifying which projects require a permit, notification, or neither. This clarification is intended to help investors avoid disputes over the interpretation of their obligations to obtain such decisions. The criteria are based on the capacity of the storage facility. The exemption from the obligation to obtain a building permit and notification applies to:
The following require notification:
A building permit is required for:
New fire safety requirements
For the construction of free-standing energy storage systems with a nominal capacity of more than 300 kWh and less than 2,000 kWh there are new fire safety requirements: Arrangements in terms of fire protection and submission to the authorities require:
for the construction of an energy storage systems.
The State Fire Service must be notified of:
For the construction of free-standing energy storage systems with a nominal capacity greater than 30 kWh and not higher 300 kWh there are new fire safety requirements: Arrangements in terms of fire protection and submission to the authorities require:
The State Fire Service must be notified of:
The following must be submitted to the authorities:
Application of new regulationsThe new regulations apply to construction projects for which, before 7 January 2026, the investor:
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