The fourth milestone is the environmental procedures, which as per the Environmental Protection Act, may be environmental assessment or environmental impact assessment.

  1. In case of wind power plant, the competent environmental authorities determine procedure for assessing the need for an environmental impact assessment (Enclosure 2 to the Environmental Protection Act);
  2. In case of solar power plant, the competent environmental authorities determine procedure for assessing the need for an environmental assessment.

A further procedure may be prescribed by the environmental authorities, namely a compatibility assessment with protected territories as per the Biodiversity Act.

The next and most important milestone is the grid connection, namely the way that the new power plant will be connected to the power grid. The procedure as per the Renewable Energy Act is the following:

  1. Submission of request for the conditions for grid connection (total installed capacity of up to 5 MW – to the relevant medium voltage grid operator; total installed capacity more than 5 MW – to the TSO);
  2. Grid connection offer – requires a DSP in force for the plot/s;
  3. Preliminary grid connection agreement;
  4. Final grid connection agreement – after receiving the building permit

The building permit shall be issued after the approval of an investment project as per the requirements of the Spatial Planning Act.

The Spatial Planning Act and the Renewable Energy Act envisage some simplified procedures in case of project for development of power plant with a total installed capacity of up to 1 MW or up to 5 MW as the case may be, as well as some reliefs in case of power plant only for personal needs.

Such simplified procedures may be:

  1. No need of investment projects for issuance of a building permit for:
  2. installations for the production of electricity, with a total installed capacity of up to and including 1 MW to existing buildings in urban areas, including on their roof and facade structures and adjacent land;
  3. installations for the production of electricity from renewable sources, with a total installed capacity of up to 5 MW, on roof and facade structures of buildings connected to the electricity transmission, electricity distribution or closed electricity distribution network and on real estate attached to them in urbanized areas, the energy from which will be used only for own consumption.

In these cases, the building permit shall be issued in the presence of the following documents:

  • design visa;
  • constructive opinion;
  • opinion of an electrical engineer;
  • agreement to the contract for access and transmission to the end customer[1] or grid connection offer 
  • No need for preliminary grid connection agreement in case of installations:
  •  with a total installed capacity up to and including 30 kW, which is foreseen to be built on roof and facade structures of connected to the electricity distribution grid and on real estate in urbanized areas;
  • with a total installed capacity of up to and including 200 kW, which are intended to be built on roof and facade structures of buildings for production and storage activities, connected to the electricity transmission grid or electricity distribution grid in urbanized areas

Please note that this article is drafted as per the national legislation in force up to 16th of January 2023.

Currently, there is a bill on the amendment and implementation of the Renewable Energy Act, which envisage some amendments in the grid connection process (abolition of the preliminary grid connection agreement; possibility to connect on the basis of a so-called interim grid connection scheme, etc.), as well as amendments in the procedure for change of the designation of the agricultural land for non-agricultural needs as per the Agricultural Land Protection Act.

Our team is experienced in the development of renewable energy projects and will be happy to help you develop your own successful project.

[1] As per Art. 25a of the Renewable Energy Act, in case of installations for the production of electricity from renewable sources, with a total installed capacity of up to 5 MW, on roof and facade structures of buildings connected to the electricity transmission, electricity distribution or closed electricity distribution network and on real estate attached to them in urbanized areas, the energy from which will be used only for own consumption

Published on: 14/01/2023

law. Snezhanka Baldzhieva

Snezhanka Baldzhieva is an attorney at law with expertise in contract and property law, as well as in commercial and energy law. She has experience in litigation and arbitration. Since 2020, she has been actively advising investors in projects for the construction of renewable energy installations, providing legal opinions on issues related to corporate structuring and regulatory framework and preparing legal analyses. In addition to being a lawyer, Snezhanka is also a PhD student in Civil Procedure at Sofia University "St. Kliment Ohridski" and a national legal expert at Spark Legal Network, a consultancy with practice across the EU. In the period 2019-2021. Snezhanka obtained a Diploma in English Law and Practical Skills and a Diploma in English Commercial Law from Juris Anglia Scientia, an educational organisation established and run by the academic staff of the University of Cambridge Law School. As a student, Snezhanka was a member of the Theodore Piperkov Law Club - one of the most prestigious student organizations at the Law Faculty of Sofia University "St. Petersburg". Kliment Ohridski.

This article does not constitute proper advice and is only intended to inform readers of their rights on the subject. For more information on the above questions or if you need a consultation, you can contact us at +359 883 333 797 or through some of the other channels for contacting Georgiev and Petrov Law Firm.

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