New Regulation on more detailed spatial planning rules for the siting of photovoltaic installations and solar energy receivers
On 28 March 2024, the Government of the Republic of Slovenia issued a Regulation on more detailed spatial planning rules for the siting of photovoltaic installations and solar energy receivers (the "Regulation"). The Regulation mainly introduces simplified and uniform conditions for the siting of photovoltaic installations at the national level, and more detailed rules on the mandatory siting of photovoltaic installations in the case of new constructions and reconstructions of buildings.
The Regulation, which entered into force on the fifteenth day after its publication in the Official Journal of the Republic of Slovenia, i.e. on 13 April 2024, also lays down more detailed spatial planning rules relating to the siting of photovoltaic installations in the statutory priority areas and in other sites and buildings.
1. Substantive background
The essence of the Regulation is that it sets the same conditions for the installation of photovoltaic installations for the whole country. It therefore simplifies the procedure, as the investor will no longer have to check the conditions for construction for each municipality, settlement or building separately, and this standardisation will also lead to faster start of proceedings.[1]
The Regulation was adopted on the basis of Articles 8 and 9 of the Slovenian ZUNPEOVE[2] and Article 15 of the Slovenian ZUreP-3[3] . While ZUNPEOVE provides the basis for the mandatory siting of photovoltaic installations on the roofs of new buildings and on new car parks larger than 1000 m2 (e.g. on the roofs of large commercial buildings, shops, industrial buildings, etc.) and the permissible siting in the areas of roads, railways, closed landfill sites and areas of electricity generation facilities, the Regulation now lays down more detailed conditions and siting methods. [4]
2. Which installations are covered by the Regulation?
The regulation mainly concerns the siting of photovoltaic installations and solar energy receivers.
According to the Regulation, a photovoltaic installation is one that produces electricity by harnessing solar energy, including the technical equipment necessary for its operation, energy storage devices and connections to the grid.[5] Simply put – it is a solar power plant. A solar energy receiver differs from a photovoltaic installation in that it is a device in which heat is generated for heating, domestic hot water or technological processes by converting solar energy.
3. Direct application of the Regulation
The more detailed spatial planning rules set out in the Regulation are directly applicable to the planning, permitting and installation of photovoltaic installations and, in this part, replace the implementing of special planning act. [6]
The Regulation lays down joint detailed rules on safety (for example, to ensure safe use and maintenance), on siting (for example, in a way that maximises energy efficiency) and on siting in areas of protection regimes and restricted use areas (for example, in cultural heritage or heritage impact areas).
3.1. Mandatory installation of photovoltaic installations in new buildings and reconstruction of buildings
According to the Regulation and ZUNPEOVE, the installation of photovoltaic installations is compulsory for the new construction of a paved car park, a newly built building, the extension of a building in the vertical direction, the extension of a building in the horizontal direction, and the reconstruction of a building, where the load-bearing structure of the roof is also affected, but for all of them only if the floor area of the building is 1000 m2 or more.[7]
More detailed conditions governed by the Regulation include, for example, that photovoltaic installations on the roofs of buildings are sited in such a way as to minimise visual exposure and preserve existing views, and that they are sited in a uniform manner, taking into account the design of the whole building (characteristic orientations, slope, articulation, accents, structure and proportions on the roof, façade and in the surroundings).[8]
With regard to car parks, the Regulation provides, inter alia, that photovoltaic installations shall be located on the maximum possible floor area of the car park and on no less than 50% of the floor area of the car park[9] and that PV installations in car parks shall be located in such a way as to take the maximum possible account of the distinctive character of the settlements and the landscape.[10]
What all these provisions have in common is that they aim, on the one hand, to minimise interference with the existing surroundings (both in terms of appearance and in terms of preserving the functionality of the land) and, on the other hand, to maximise the use of solar energy. This is also reflected in the exemptions from the mandatory installation of photovoltaic installations presented below.
3.1.1. Exemptions from mandatory installation of photovoltaic installations
The mandatory installation obligation also under ZUNPEOVE[11] does not apply if the installation of photovoltaic installations is not feasible or permissible for reasons such as inappropriate use or type of building; inappropriate location or sun exposure of the building; provision of green spaces and nature-based solutions; and protection of cultural heritage.[12]
For example, the Regulation on the above grounds[13], provides that a structure having an inappropriate use or type is, for example, an underground structure whose roof is a public space or a green roof, and a temporary structure. A structure which is inappropriately situated or isolated is a structure which, due to natural or built features, is not sufficiently isolated to ensure the economic viability of the installation of a photovoltaic installation. As regards the requirements for the protection of cultural heritage, the obligation only applies if it allows for appropriate solutions that will preserve the protected heritage assets and respect the protection regime.
3.2. Siting of photovoltaic installations in statutory priority areas
Notwithstanding the provisions of the spatial planning acts, photovoltaic installations may be located in the prescribed priority areas (e.g. road land, road structures, public road service stations and service traffic areas; railway areas; areas of electricity generation facilities and areas of distribution transformer substations and substations extending up to 5 m from the edge of the outermost energy facility and areas of closed landfills) in accordance with ZUNPEOVE and the Regulation.[14]
In particular, the Regulation lays down more detailed rules on when areas that would otherwise be considered a priority under the ZUNPEOVE are not. For example, railway sites are not considered a priority in cases of inappropriate use or type, inappropriate location of a building or inappropriate sun exposure of a building or site. However, a closed landfill site is considered a statutory priority site if it has a valid environmental permit for a closed landfill site or has definitively ceased operation after the expiry of the time limits set out in the environmental permit for a closed landfill site.[15]
3.3. Siting of photovoltaic installations on other buildings and sites
The Regulation sets out different spatial planning conditions depending on whether the land is a building land, an unbuilt building land whose actual use is agricultural or forestry land, or unbuilt building land intended for commercial activities.[16]
For example, for the siting, permitting and installation of photovoltaic installations on unbuilt building land that is in actual use agricultural or forest land, the Regulation provides for the respect of common more detailed spatial planning rules and certain spatial planning conditions, such as temporary use and clear passage for the maintenance of the photovoltaic installations and the terrain.[17]
3.4. Solar energy receivers
If the spatial implementation act does not regulate the siting of solar energy receivers on existing or planned buildings, the common more detailed spatial planning rules for the siting of photovoltaic installations set out in the Regulation, as well as the spatial implementation conditions for siting on the roofs of buildings and in car parks, shall be applied mutatis mutandis to their siting, authorisation and installation.[18]
4. Conclusion
The adopted Regulation will contribute to a greater and more efficient use of renewable energy sources in Slovenia by simplifying and speeding up procedures for the installation of photovoltaic installations. More detailed special planning rules will also help to facilitate the uptake of incentives under the European Cohesion Policy Programme for the period 2021-2027.
[1] See: https://www.gov.si/novice/2024-04-10-poenostavljeni-in-enotni-pogoji-za-postavitev-soncnih-elektrarn-po-vsej-drzavi/
[2] Act on the introduction of installations for the production of electricity from renewable energy sources (Official Gazette of the RS, No 78/23, “ZUNPEOVE“).
[3] Spatial Management Act (Official Gazette of the RS, No 78/23, “ZUreP-3“).
[4] See: https://www.gov.si/novice/2024-04-10-poenostavljeni-in-enotni-pogoji-za-postavitev-soncnih-elektrarn-po-vsej-drzavi/
[5] Article 2(1), 6th indent, of the Regulation.
[6] Article 3(1) of the Regulation.
[7] Article 8(1) of the Regulation.
[8] Article 11(1) of the Regulation.
[9] Article 13(9) of the Regulation.
[10] Article 13(4) of the Regulation.
[11] Article 9(3) of the ZUNPEOVE.
[12] Article 9(1) of the Regulation.
[13] Article 9 of the Regulation.
[14] Article 15(1) of the Regulation.
[15] Article 24 of the Regulation.
[16] Article 26 of the Regulation.
[17] Article 26(1) of the Regulation.
[18] Article 27(1) of the Regulation.
