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Special features of building law in the planning of agri-photovoltaic plants
Source: Fraunhofer ISE; Agri-Photovoltaics: Opportunity for Agriculture and the Energy Transition A Guide for Germany (as of April 2022)
In a key issues paper published by the Departments of Economy and Climate Protection (BMWK), Environment (BMUV) and Agriculture (BMEL) in February 2022, it is stated that all photovoltaic systems on arable land should be permitted in principle in order to use the same area for agriculture and energy.
Precise regulations as to which permits are required for such systems are not yet available in detail. We would be happy to advise you on this and bring the experience we have already gained into your pilot project.
The installation of photovoltaic systems on arable land could be beneficial for agriculture, since the soil sealing is only low and the arable land could recover. The legal situation is still slightly complex.
The individual federal states could use state law to regulate whether permits are required for the installation of photovoltaic systems on agricultural land.
Permissions could be granted by the lower building authorities of the municipalities.
The lower building authorities check whether the installation of photovoltaic systems is environmentally friendly and could impose conditions if necessary.
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Frequently asked questions about construction law
According to § 35 BauGB, outdoor PV systems are not privileged, ie they are not normally provided for here. Therefore: Building rights on the property must be established via a development plan process, taking into account the regulations of the state development programs, regional development programs and land use plans: Duration usually 12 - 15 months, not inconsiderable costs, restrictions due to area planning, competition in the use of agricultural land. After successful completion of the B-plan process, a building permit must be applied for - and this will be approved.
According to Section 35 of the Building Code, outdoor projects are permitted that: "Serves an agricultural or forestry business and only takes up a subordinate part of the business area" "because of its special requirements for the environment, because of its adverse effect on the environment or because of should only be carried out outdoors for its special purpose,...". The place of construction is tied to the earmarking for agricultural land, which already exists and is still being used at the same time. The connection to the public network and the public traffic areas are already in place. It is not an open space solar system, the system must be removed after use. A building permit can be granted, since there is a privilege under building law. No development plan procedure is required to create building rights. The system can be approved directly through building law procedures.
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