Briefly about the new limit
The new limit means that a licence under the Energy Act is only required for solar power plants with an installed capacity of 10 MW or more. Plants that are smaller than this do not need a licence under the Energy Act. Instead, such plants must be processed by the municipality in accordance with the rules in the Planning and Building Act.
The background to the new limit
Under the current regulations, the voltage level of the electrical system determines whether solar power plants need a licence under the Energy Act. As the voltage level can vary between plants with similar physical dimensions and environmental effects, the current regulations can lead to random effects and a lack of equal treatment. The purpose of the rule change is to establish clearer and less random criteria for the licence obligation. The Ministry of Energy also emphasises that the change is beneficial because it gives local authorities greater influence and frees up case processing capacity at NVE.
Practical consequences
The new limit means that developers of solar power plants with an installed capacity of less than 10 MW only need to deal with the municipality, not NVE. In practice, this will be the case for most roof-mounted solar power plants. Developers of solar power plants with an installed capacity of more than 10 MW must still apply for a licence under the Energy Act from the NVE. This will be particularly relevant for larger ground-mounted solar power.
Questions about the development of solar power plants?
Advokatfirmaet Hjort has the experience and knowledge to help at all stages of the process of developing solar power plants.
