New Construction Requirements for Energy Storage Systems

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 systems

On 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:

• facilities enabling the storage of energy and its transfer to the grid, as well as
• facilities enabling the storage of energy and its transfer to the electrical installation of a building or the direct energy supply of building equipment.

 

Requirements for obtaining a building permit and notification

On 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 construction of free-standing electricity storage systems with a nominal capacity of no more than 30 kWh;
• the performance of construction works involving the installation of electricity storage systems with a nominal capacity of no more than 30 kWh.

 

The following require notification:

• construction of free-standing electricity storage facilities with a nominal capacity of more than 30 kWh and not more than 300 kWh;
• free-standing electricity storage facilities with a nominal capacity of more than 300 kWh and not more than 2,000 kWh.

 

A building permit is required for:

• the construction of free-standing energy storage systems with a capacity of more than 2,000 kWh;construction work involving the installation of energy storage systems with a capacity of more than 300 kWh.

 

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:

• a land or site development plan (Polish: PZT), and
•  an architectural and construction design (Polish: PAB)

for the construction of an energy storage systems.

 

The State Fire Service must be notified of:

• completion of the installation of the energy storage systems,
• commencement of use of the energy storage systems

  and the following must be submitted to the authorities:

  •  a plan showing the location of the storage systems,
  • solutions and data relevant to the safety of rescue teams.

 

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:

• a land use plan (Polish: PZT) for the construction of the energy storage systems.

 

The State Fire Service must be notified of:

• completion of the construction of the energy storage systems,
• commencement of use of the energy storage systems.

 

The following must be submitted to the authorities:

• a plan showing the location of the energy storage systems,
• solutions and data relevant to the safety of rescue teams.

 

Application of new regulations

The new regulations apply to construction projects for which, before 7 January 2026, the investor:

1. submitted an application for a building permit, an application for a separate decision approving the plot or land development plan, as well as the architectural and construction design, or an application for a change to the building permit, and such an application has not been considered;
2. notified the construction or performance of other construction works, and the authority did not raise any objections or the deadline for raising objections has not expired.