News

ℹ The privileged status that is dragged along allows a non-privileged project to be permitted in the outdoor area by way of exception if it is spatially and functionally connected to a privileged project - e.g. a PV or wind energy system. 📖 The privileged project pulls the non-privileged project behind it, so to speak. You could also say that the privileged project ‘piggybacks’ on the non-privileged project. Similar to a 𝗡𝗲𝗯𝗲𝗻𝗮𝗻𝗹𝗮𝗴𝗲, the part being pulled along must be subordinate to the privileged main project and serve it. Therefore, only ‘𝗯𝗼𝗱𝗲𝗻𝗿𝗲𝗰𝗵𝘁𝗹𝗶𝗰𝗵𝗲 𝗡𝗲𝗯𝗲𝗻𝘀𝗮𝗰𝗵𝗲𝗻’ can be pulled along - after all, who can piggyback on someone who is twice as heavy as themselves? 🛑 For this reason, a stand-alone battery storage unit can never represent a privilege that is pulled along. 𝗦𝘁𝗮𝗻𝗱-𝗔𝗹𝗼𝗻𝗲-𝗦𝗽�…

🔋 Battery storage facilities can o̲h̲n̲u̲u̲n̲e̲g̲s̲p̲l̲a̲n̲n̲ ̲i̲m̲ ̲A̲u̲ß̲e̲n̲b̲e̲r̲e̲i̲c̲h̲ be erected if they ‘serve’ within the meaning of Section 35 (1) No. 3 BauGB - a term that is often misunderstood. 📶 The energy transition places high demands on our energy infrastructure. Many building authorities therefore require battery storage systems to be grid-friendly in order to be granted privileged authorisation. However, the ‘certificate’ from the grid operator that is then usually requested by the building authority is hardly ever issued, as grid serviceability is not a static condition: it is constantly changing and therefore does not represent a reliable basis for privileged authorisation under planning law. Although battery storage systems are capable of smoothing peak loads (‘peak shaving’), among other things, and can therefore be useful for the grid, this is not relevant under planning law. …

Battery storage systems are playing an increasingly important role in the energy transition. But what about the necessary authorisations? 🔍 No BlmSchG procedure necessary: Contrary to what is often assumed, battery storage systems do not require a licence under the Federal Immission Control Act (BImSchG). Instead, only a building permit is usually required. 🌳 Planning law outdoor area: The granting of a building permit in an outdoor area depends on the privileged status of the battery storage system, which is currently not assessed uniformly in all municipalities. There are different views on the categorisation of battery storage systems, which is why argumentation skills are required here. 📜 Development plan: In some cases, a development plan can regulate the permissibility of battery storage systems. It is therefore worth checking the plan carefully! 🏗️ Large storage systems: For large systems, especially if a transformer statio…

On 18 October 2024, the Federal Council approved the ‘Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration’. The Bundestag had already passed the law on 26 September 2024. From 1 January 2025, important changes will come into force: the written form requirement of Section 550 BGB in commercial tenancy law will be replaced by the text form requirement (Section 126b BGB). This means that in future it will be possible to conclude and amend long-term property usage and commercial leases digitally by email, PDF or messenger. ⏳ A transitional period of twelve months applies to existing leases, i.e. until 1 January 2026, these contracts can still be terminated in accordance with Section 550 BGB if there is a lack of written form. ❗ It is true that concluding a contract in text form in accordance with Section 126b BGB appears simpler and faster. However, concluding contracts digitally creates new risks for formal errors. …

On 28 August 2020, the BMWK presented a draft bill that aims to establish a uniform regulation for the participation of citizens and municipalities in renewable energy installations. Until now, operators have been able to voluntarily involve local authorities in accordance with Section 6 of the Renewable Energy Sources Act and the federal states have had the option of issuing more extensive provisions on citizen participation and increasing acceptance for the construction of plants. Some federal states such as Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Brandenburg, Thuringia and Saarland have made use of this and have already passed laws on mandatory public participation, which has now led to inconsistent state legislation. An attempt at standardised federal regulation failed three years ago due to constitutional doubts. Now the BMWK is making a new attempt to at least limit the scope of the federal states.

Recent judgements by the OVG Bautzen and the OVG Koblenz make it clear that the expansion of wind energy and monument protection (in this case even as a UNESCO World Heritage Site) can be compatible. The most important lessons learnt from the decisions: 👉 Monument protection and climate protection: both aspects must be in harmony. The courts emphasise that monument protection does not automatically take precedence over climate protection and the expansion of renewable energies. 👉 Visibility is crucial: Wind turbines that are barely perceptible from a greater distance do not constitute a significant impairment of cultural heritage. Visibility alone does not justify rejection. 👉 Flexibility in the event of deviations: Small deviations, such as in the height of wind turbines, are not considered critical by the courts and can be corrected. 👉 Case-by-case assessment instead of a blanket ban: The courts emphasise that a blanket rejection …