Abolition of the ‘10H’ rule and so-called ‘repowering’
The most significant change provided for in the amendment to the Wind Farm Act is the abolition of the so-called “10H” rule, set out in Article 4(1) of the Act of 20 May 2016 on investments in wind farms (i.e. Journal of Laws of 2024, item 317). This rule established a restrictive location requirement for new investments, stipulating that the minimum distance between a wind farm under construction and buildings must be at least ten times its total height. Such a restriction significantly limited the number of sites available for wind energy projects and thus hampered the development of this sector in Poland.
Another key element of the amendment concerns regulations on so-called repowering, i.e. the modernisation of existing wind turbines. The new regulations provide for a simplification of procedures in this area, which is intended to enable the replacement of older turbines – most commonly with a capacity of 1–2 MW – with new, significantly more efficient units available on the market. This solution could lead to a significant increase in installed capacity in onshore wind farms, whose potential in Poland currently stands at around 10 GW.
Participatory fund – the so-called ‘neighbourhood bonus’
Among the most important solutions proposed during parliamentary proceedings was the so-called ‘neighbourhood bonus’. Under the new regulations, people living in homes located within 1,000 metres of a wind farm will be entitled to receive additional financial support.
Every wind power generator will be required to make an annual contribution to the participatory fund, in an amount proportional to the installed capacity – for every 1 MW, this will be PLN 20,000 per year. Contributions are to be made by 31 December each year and will be subject to annual indexation.
The funds accumulated in the fund will be allocated to payments for owners of residential properties, mixed-use buildings and residential premises located within a designated zone of up to 1,000 metres from the power plant. Payments are to be divided proportionally among all eligible properties, regardless of the number of residents, and the maximum amount per beneficiary per year may not exceed PLN 20,000.
Reduction of the minimum distance between wind turbines and residential buildings – liberalisation of siting rules
The amendment introduces a significant relaxation of the rules governing the siting of onshore wind farms by reducing the minimum distance from residential buildings from the current 700 m to 500 m. Public consultation mechanisms have been provided for local communities, along with the requirement to incorporate appropriate provisions into local spatial development plans.
The liberalisation of these regulations will enable the use of more land for new investments, which may contribute to an increase in wind energy production in Poland.
As of 1 July 2024, according to data from Polskie Sieci Elektroenergetyczne (PSE), the installed capacity of wind farms in Poland stood at 10,331 MW. The Polish Wind Energy Association (PSEW) estimates that the implementation of the new regulations and the full utilisation of the potential of new sites would allow for the achievement of up to 41.4 GW of onshore wind power capacity by 2040. According to PSEW’s analysis, reducing the minimum distance between wind farms and buildings to 500 metres could increase the area of land available for such investments from the current approx. 1.7% to 3.3% of the country’s total area.
Freeze on electricity prices for households
During the drafting of the bill, provisions were also introduced to extend the freeze on electricity prices for households until the end of 2025. Without these changes, the price protection would have ended at the end of September 2025, which would have meant an increase in energy costs for individual consumers from October onwards. The amendment provides for the frozen rates to be maintained until the fourth quarter of 2025, meaning households will continue to benefit from protection against rising energy prices.
Amendments to the draft amendment to the Wind Farm Act proposed by the Senate
On 17 July 2025, the Senate adopted a number of amendments to the amendment to the Wind Farm Act. As a result, the bill has been referred back to the Sejm, where it will be considered in the coming days. The most significant changes proposed by the Senate include:
- Abolition of the mandatory 500-metre buffer zone around Natura 2000 sites: However, each project will require an individual environmental impact assessment, which is intended to protect valuable ecosystems whilst facilitating the siting of wind farms.
- Lifting the automatic ban on investment in MRT and MCTR zones (military areas): Investment will be possible following agreement with the relevant military and national security authorities.
- The 1H buffer (one wind turbine height) between wind farms and national roads has been removed.
- Permission granted for the renovation, extension and conversion to residential use of buildings located within the minimum permissible distance (500 m) of existing turbines.
The 2025 amendment to the Wind Farm Act marks a turning point for the development of onshore wind energy in Poland; however, it should be borne in mind that the final form of the new regulations will depend on the outcome of further legislative work.
She gained experience in providing day-to-day legal services to individuals and entrepreneurs at a number of law firms in Warsaw specializing in corporate law and family law. At the firm, she provides services to entrepreneurs and individual clients in the field of contract and business law. As part of her professional practice, among other things, she analyzes, reviews and creates civil law contracts, prepares legal opinions in the field of civil and business law, and drafts and prepares corporate documents,…
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