New privileges accelerate outdoor battery storage projects – for the time being

The German solar industry is looking forward to improving the possibility of incorporating battery storage to store and supply additional energy. Although battery storage is not new, difficulties in erecting and utilizing large devices on existing solar parks have always presented a bureaucratic problem.

Inconsistent administrative practices and restrictive interpretations have often led to delays or rejections of battery storage projects.

The introduction of Amendment No. 11 in section 35(1) of the BauGB has created a clear legal basis for the first time for the permissibility of large battery storage facilities in outdoor areas.

Project developers would now have genuine planning and investment security for the first time. The likelihood of approval would be significantly improved, as authorities would no longer be able to rely on the inconsistent and restrictive interpretation of Section 35(1)(3) of the German Building Code (BauGB). However, the other relevant legal requirements, regarding nature and landscape conservation, fire protection, and grid connection, remain unchanged.