photovoltaic-2138992_1920

Industrial buildings, warehouses and photovoltaics, with the exception of agrovoltaics, will be stopped on agricultural land

3. 11. 2023

Newsletter

bpv BRAUN PARTNERS

On Wednesday, 13 October 2023, the Government approved an amendment to Act No. 334/1992 Coll., on the Protection of the Agricultural Land Fund (the “Amendment”), which strengthens the protection of agricultural land and thus changes in particular the position of entrepreneurs in the energy sector and the construction of industrial and logistics buildings.

First of all, the Amendment explicitly introduces the principle that agricultural land with protection level I and II. Class cannot be defined in the spatial planning documentation as an area for building plans for trade or storage of more than 1 ha or for building plans for energy installations for the conversion of solar energy into electricity, nor can land be withdrawn from the agricultural land fund for such plans.

On the other hand, however, the Amendment also allows the placement of so-called “agrovoltaic” projects on land with Class I and II protection. The parameters of the agrovoltaic electricity generation plant are to be determined by the implementing legislation, and it will only be allowed to be located on agricultural land that corresponds to the part of the land block under the Agriculture Act with the type of agricultural crop determined by another implementing legislation under the Agriculture Act (orchards, hop farms and vineyards are referred to).

According to the Amendment, it will still be possible to set up a photo-voltaic power plant, sheds and warehouses on land with agricultural soil protection class III, IV and V. On areas that are already defined in the spatial planning documentation for commercial or warehousing projects of more than 1 ha or for energy installations for the conversion of solar energy into electricity (or as of the date of entry into force of the Amendment), agricultural land of protection classes I and II may be withdrawn from the agricultural land fund up to 5 years after the date of entry into force of the Amendment. Consent for the withdrawal of agricultural land from the agricultural land fund shall cease to be valid if it does not become part of a decision under other legislation authorising the construction project within 5 years from the date of entry into force of the Amendment.

The full text of the amendment can be downloaded at the following link: https://odok.cz/portal/services/download/attachment/ALBSCR87YSFP/

Similar news

Newsletter
electricity-4575187_1280
28. 6. 2023 | bpv BRAUN PARTNERS

Amendment to the Energy Act Lex OZE II and it’s impact

The Czech government has approved the bill amending acts including the Energy Act (Act No. 458/2000), the Act on Supported Energy Sources (Act No. 165/2012), and other related acts. The bill is known to the public as Lex OZE II. Lex OZE II introduces a number of changes including the following:

Newsletter
the-labour-code-3520806_1280
25. 10. 2022 | bpv BRAUN PARTNERS

Slovakia: Amendment to the Labour Code

On 01.11.2022, an amendment to the Labour Code comes into force in Slovakia, transposing EU directives on transparent and predictable working conditions in the EU and on work-life balance for parents and persons with caring responsibilities.

Publikované články
slovakia-4294344_1920
6. 10. 2023

The Ties That Bind: Czech-Slovak Legal Links

As the two countries maintain strong trade relations and extensive cross-border business activities, legal firms have recognized the need to establish a presence in both jurisdictions.