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Planning Privileges for Battery Storage Projects under Building Law

Updated: May 5

Building regulations for battery energy storage systems (BESS) can vary depending on location and project size. However, in many cases, these projects qualify as privileged developments under German building law. This means they may be constructed outside designated building zones, such as in agricultural or rural areas, under specific conditions.

 

Why Are Battery Storage Systems Privileged?

Battery storage systems serve the public energy supply and play a vital role in stabilizing the electricity grid. As such, they fulfill a function of overriding public interest and may be treated in a similar way to wind or solar installations in planning law.


More specifically:


Battery storage systems serve the public energy supply and play a vital role in stabilizing the electricity grid. As such, they fulfill a function of overriding public interest and may be treated in a similar way to wind or solar installations in planning law.

More specifically:

Section 35 (1) No. 3 of the German Federal Building Code (Baugesetzbuch, BauGB) permits privileged developments in non-designated (rural) areas, including facilities for public utilities and location-bound commercial enterprises. A planned battery storage installation falls under this category, as it is a technical and commercial energy supply facility, qualifying it as a privileged development pursuant to §35 (1) No. 3 BauGB.

This classification is significant because battery storage projects serve public energy infrastructure needs and thus pursue public interests that justify privileged planning status. The facility stores and supplies energy, contributing to the stability and security of the power supply – an essential factor in the context of the energy transition and the integration of renewable energy sources.

In our preliminary design planning, we have fully taken into account the requirements of §35 (1) No. 3 BauGB concerning privileged construction in rural areas.


The proposed project is therefore in accordance with the planning law provisions and the public interest in a secure and sustainable energy supply, as outlined in §11c of the German Energy Industry Act (EnWG). The installation integrates well into the surrounding area, uses land efficiently with minimal surface sealing, and does not significantly interfere with agricultural land use.


In Practice:

All green flexibility projects to date have been classified as privileged developments under §35 BauGB.


Examples:

15 MW Project in Allgäu 102 MW in Münsterland 10 MW in Swabia



What Are the Required Planning Steps?

  1. Permit Procedure: A building permit under the German Building Code is typically required for the construction of a BESS. The process verifies that the project complies with all planning and building regulations.


  2. Site Assessment: Suitable locations are typically near substations or grid nodes. Proximity to existing infrastructure is key to technical and economic feasibility.


  3. Municipal Coordination: Close cooperation with local municipalities is essential to address concerns early on and to emphasize the local and regional benefits of the project.

     

How Do We Support You?

At green flexibility, we guide you through all legal and planning aspects of your battery storage project. From identifying suitable sites and preparing the required documentation to liaising with local authorities and municipalities – we ensure a smooth permitting process. This way, your project is built on a strong legal foundation from the very beginning.


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