Federal Building Codes for Renewable Energy Production

The 1997 amendment of the federal building codes (Baugesetzbuch) excluded wind power plants and hydropower plants from the general ban on building in the undeveloped outskirts (?Außenbereich?). Thereby, both technologies achieved the same legal status as nuclear power plants. Biogas plants may attain the same status if they utilize substrates mainly from the surrounding area. Municipalities may overrule these privileges if they reveal areas within their zone where renewable energy installations have been given priority. Wind power installations cannot be contested as long as such municipal plans are not in place. The Renewable Energy Sources Act also includes several cross-references to federal building codes (e.g. for re-powering measures, for PV-installations on undeveloped land, etc.). In support of offshore wind energy, the December 2006 Act on fastening of the infrastructural planning (Infrastrukturplanungsbeschleunigungsgesetz) was passed. This Act forces grid-operators to build up the infrastructure being necessary for connecting offshore wind parks to the grid and for transmitting the generated electricity on their own expense. Thereby using offshore wind resources has become feasible and strong activities in this sector are expected for the near future.

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