New Legal Framework of Agrivoltaics in Germany

Abstract

In Germany, numerous amendments have been made in the last year which are intended to take into account the special features of agrivoltaic systems. This is very welcome. Nevertheless, some legal challenges remain. In order to advance the technology and contribute to the energy transition and sustainable food production, the comprehensive embedding of this technology in the legal framework is crucial. Because ultimately, the way is only paved when all uncertainties have been removed. Agrivoltaics offers a solution to the conflict of interest between the sealing of land on the one hand and the need to increase the use of photovoltaic systems on the other. An analysis of the four sectors of public law, energy law, EU agricultural subsidies and tax law will present the current state of the legal framework for agrivoltaics in Germany, following-up the authors’ contribution “Legal framework of agrivoltaics in Germany” in previous proceedings of the AgriVoltaics conference series [1]. Agrivoltaic systems are usually erected outside settlement areas without a development plan. In many cases it is difficult to obtain permission for these areas, as it is not always possible to classify them as privileged projects. In the area of a development plan, the designated use may collide with an installation of the photovoltaic system. Regarding the Renewable Energy Sources Act (EEG), it is to be noted that separate financial support schemes have now been introduced for certain agrivoltaic installations. A crucial question for farmers remains whether their land loses its eligibility for EU direct payments through the use of this technology. Here, too, the legislator has set an important course for agrivoltaics. This also applies in the area of inheritance-, gift-, land- and real estate transfer-tax law.