Abbreviated form of legal source
- Law 21/2013
- Law 24/2013
- RD 1955/2000
- RDL 23/2020
Description of the process
The Royal Decree Law 23/2020 requires to be clear about the location before requesting access and connection as the first steps to be undertaken. - a) Search for Connection Capacity: REE WEB Platform - b) Search for viable land. It is recommended to consult the Environmental Zoning for renewable energies: Wind and Photovoltaic.
Once the developers obtained the access and connection permits, they shall apply for administrative authorizations: Environmental Impact Assessment (EIA) and otain an Environmental Impact Declaration (EID). Apply for Prior Administrative Authorisation (PAA), Administrative Authorisation for Construction (AAC), Local permits, and if needed a Declaration of Public Utility (DPU). Lastly, if an easement or expropriation is needed, the developer shall apply for a Declaration of Public Utility (DPU) as well.
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 obtention 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 completed 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.
In addition to above, depending on the project, other authorizations may be required in order to complete the documentation to be submitted such as Authorization for archaeological prospecting, submission of report and subsequent resolution; Aeronautical easement; Request for temporary occupation of livestock trails; Public Hydraulic Domain (DPH): Crossing of ravines by power lines or roads, among others.
Last of all, RE projects need to obtain different local permits, such as an urban licence, authorisation of exception uses on rural land, among others but, different requisites may apply depending on each municipality and, those 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