Almost all types of production facilities, including RES, require a permit.
Wind power
Environmental permit (wind onshore and offshore):
In Sweden, the environmental permit procedure entails several elements that are often processed as separate permitting procedures, e.g., EIA, building permit, environmental permit, and consultation of stakeholders. The legal basis for the environmental permit is established in Chapter 9 of the Environmental Code (1998:808), which also applies to wind power installations. The environmental permit process includes conducting an EIA, which is codified in more detail in Chapter 6 of the Environmental Code (1998:808). According to Chapter 21 Ordinance 2013:251, an environmental permit B code 40.90 is needed when:
• two or more wind turbines standing together (group station), if each of the wind turbines' height, including rotor blades, is over 150 metres;
• a wind turbine that, including rotor blades, is higher than 150 metres and stands together with such a cluster station as referred to in 1, or;
• a wind turbine has a total height of over 150 metres and is located together with another such wind turbine, if its operation starts later than the operation of another wind turbine.
An environmental permit B code 40.95 is required when: • seven or more wind turbines standing together (group station), if each of the wind turbines, including rotor blades is higher than 120 metres,
•a wind turbine that, including rotor blades, is higher than 120 metres and stands together with such a cluster station as referred to in 1 or;
• a wind turbine has a total height of over 120 metres and is located together with another such wind turbine, if its operation starts later than the operation of another wind turbine.
An environmental permit C code 40.100 is required when: • a wind turbine that, including rotor blades, is higher than 50 metres,
• two or more wind turbines standing together (group station) or;
• a wind turbine is located together with another such wind turbine if its operation starts later than the operation of another wind turbine.
Permission for a wind power facility may only be granted if the municipality where the facility is intended to be built has approved it. It does not apply if the government has permitted the activity according to Chapter 17.
Offshore wind power
Sweden's approach to expanding offshore wind power is different from that of most other European countries. In Sweden, it is up to the wind power companies to assess where it is best to invest in wind farms, while in many other countries, the state points out the areas where wind power companies are allowed to expand.
On 4 May 2023, the government decided on a committee directive on an orderly trial of offshore wind power (dir. 2023:61) on grounds of the Supplementary directive to the Inquiry into offshore wind power (KN 2023:01). According to the original directives, the assignment must be reported no later than June 28, 2024. The assignment and the investigation period are extended. The assignment must be reported no later than 30 November 2024 (information to be updated here: https://www.svk.se/utveckling-av-kraftsystemet/transmissionsnatet/anslutning-av-havsbaserad-vindkraft/).
The special investigator is now also tasked with
- assess and take a position on whether Sweden, in the long term, should switch to granting permits for offshore wind power solely through a guidance system,
- if such a transition is proposed, analyse and decide whether and, if so, which constitutional amendments are needed, analyse, take a position on and develop the proposals submitted by the Government Review Inquiry (SOU 2024:11) that relate to offshore wind power, and submit the necessary constitutional proposals.
For offshore wind power in Sweden's economic zone, the government gives permission, according to the Swedish Economic Zone Act. The Environmental Code is central to the permit process of offshore wind power.
According to the latest news in November 2024, the government is now rejecting applications from 13 wind farms. The government assesses that the activities, despite the addition of fossil-free electricity production and proposed precautionary measures, cannot be permitted in view of the impact that the establishments would have on the interests of the defence. The parks that were rejected were supposed to be built from Åland in the north along the east coast and down to Öresund in the south with a total effect of around 30 GW if all were to be built, corresponding to 140 TWh in annual electricity production (roughly the same as Sweden's total electricity production today). https://www.energi.se/artiklar/2024/november---2024/regeringen-stoppar-13-vindkraftsparker-i-ostersjon/ ; https://www.regeringen.se/pressmeddelanden/2024/11/avslag-pa-13-havsbaserade-vindkraftparker-i-ostersjon/)
Solar power
Solar energy facilities, in some cases, require a building permit for buildings within a detailed planned area. Outside of detailed plans, building permits are not normally required for solar energy installations on buildings. However, there may be an extended legal obligation in the area regulations. In some cases, stand-alone solar energy installations may require a building permit.
Large-scale solar cell installations on land are, in principle, always regarded as a measure that significantly changes the natural environment. Then, the person who wants to set up solar cells on the land needs to register for consultation with the County Administrative Board, which then examines and assesses whether the installation will contravene laws such as the protection of agricultural land or natural values. In the consultation, interested parties, such as local residents and the county board, have the opportunity to comment on the facility.
Even if the land is not classified as protected nature, a consultation notification may be required. According to Chapter 12, Article 6 of the Environmental Code, the County Administrative Board assesses whether the natural environment is at risk of being changed and whether consultation is required for the facility.
Whoever plans to build a large-scale solar cell plant is responsible for producing a complete document for the consultation that describes the plant's impact on the natural environment. When the consultation is completed, the County Administrative Board decides whether the facility can be built, whether precautionary measures are required or whether the operation should be prohibited.
Anyone who wants to install solar cells on land can also apply for a voluntary permit according to Chapter 9 of the Environmental Code. The County Administrative Board prepares the application, which the Environmental Assessment Delegation decides on. Part of the preparation consists of a consultation, similar to what is done during an examination, according to Chapter 12 § 6 of the Environmental Code.
Several county administrations have produced materials to support actors who want to place solar cells on the ground. Contact your county board to get information related to your county.
Agriculture and forestry are of national importance, according to Chapter 3, Article 4 of the Environmental Code. Usable agricultural land may be used for facilities only if it is necessary to satisfy essential societal interests, and this need cannot be met in a generally satisfactory manner by using other land. It should therefore be described in the notification if other land can be used instead. If not, it should be ensured that the land under the solar cell installation can be managed with agricultural-like management. For example, it could be pasture, meadow mowing or cultivation between the rows.