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Regulatory informationPermits and authorisation processes

Administrative authorization process

Abbreviated form of legal source

  • Law 21/2013
  • Law 24/2013
  • RD 1955/2000
  • RDL 23/2020

Description of the process

Once the developers obtained the access and connection permits, they shall apply for administrative authorizations: Environmental Impact Assessment (EIA), Prior Administrative Authorisation (PAA), Administrative Authorisation for Construction (AAC), Local permits, and if needed a Declaration of Public Utility (DPU).
The project needs to undergo an EIA to obtain an Environmental Impact Declaration (EID), which is a prerequisite to obtain the other administrative authorizations. The EIA will be processed either at the National level or at the Autonomous Community level, depending on the installed capacity of the project (larger than 50 MW correspond to the National level, otherwise the projects fall under the competence of the Autonomous Communities; article 3.13 Law 24/2013).
Along the process, developers shall elaborate an Environmental Impact Study which will be subject to public consultation and public information with public and private parties. The process culminates with the elaboration of the EID, which decides if the project can advance or not, or if it can proceed but under certain conditions. Depending on the technology, size and location of the project, Law 21/2013 differentiates between an ordinary EIA and a simplified EIA procedure (articles 33 to 48, Law 21/2013).
Afterward, the project developers shall apply for and obtain the PAA and the AAC. The PAA grants the right to develop a specific installation under certain conditions (article 53, Law 24/2013). The AAC allows the applicant to build the renewable energy project (article 53, Law 24/2013). The Directorate General for Energy Policy and Mines shall resolve the PAA and AAC requests within 3 months from the request being submitted (articles 128 and 131, RD 1955/2000 and RDL 23/2020). When the process is done at the Autonomous Community level, the corresponding local substantive body will resolve.
If the project needs an easement (right of way for example) of the expropriate private property, a DPU shall be obtained. Directorate General for Energy Policy and Mines shall resolve the DPU in 6 months since the moment it was requested.
Last, RE projects need to obtain different local permits, such as an urban licence, authorisation of exception uses on rural land, among others.
Rooftop PV units with an installed power up to 100 kW and connected to low-voltage, benefit from a shorter procedure to be installed, since they do not need an EID, PAA, AAC, and DPU. However, different requisites may apply in certain municipalities. Besides, in certain municipalities self-consumption units (rooftop PV) up to 10 kW are only requested to submit a responsible declaration or prior notification. These requirements are regulated at the local level.

Competent authority

  • MITECO
  • Directorate General for Energy Policy and Mines
  • Directorate-General for Environmental Quality and Assessment
  • Autonomous Communities
  • Municipalities

Technologies

Wind energy onshore

Relevant

Wind energy offshore
Solar energy

Relevant

Solar Thermal
Geothermal energy
Geothermal energy
Aerothermal
Hydrothermal
Hydro-power
Biogas
Biogas
Biomass