On 1 October 2024, the Hungarian Government published a decree on the basic regulations of settlement planning and construction requirements, which fundamentally rewrites and clarifies the frameworks for construction and property planning in many areas. Among these, one regulates the placement of solar panels and solar collectors, while another sets out the general framework for the installation of wind turbines.
On solar panels and solar collectors, the decree states that solar panels can only be installed integrated into the architectural façade of a building, and they cannot be placed on balconies, either on independent supporting structures or built into the balcony structure. On public land, solar pavement can only be created with a slip-resistant surface. Solar panels and solar collectors cannot be installed on monuments; on properties designated as monuments and in areas of cultural heritage, they can only be installed with the approval of the heritage protection authority. With the exception of economic and industrial areas, the area of solar panels and solar collectors cannot exceed 30% of the area of parking spaces.
Renewable energy installations, except for small household power plants, cannot be placed in forested, agricultural, or nature-like areas; however, installations legally placed in such zones before the entry into force of this regulation may remain, and renewable energy installations with final permits for power generation and grid connection may be placed. Solar panels and solar collectors can only be placed in side and back yards in residential areas if they are not visible from public spaces.
The Governmental Decree will come into effect on January 1, 2025.
Based on the EU rules, Member States can aid the adoption of balcony solar, but it is not mandatory, and it has not been embraced by all countries. Belgium, notably, has banned plug-in solar devices over fears about the impact of having unregistered systems feeding into the electricity grid. Austria, France, Italy, Poland and Luxembourg have all taken an encouraging stance towards balcony solar, while renewable energy campaigners in Spain are seeking to get their government to loosen the rules soon.
By Lilla Majoros, Attorney at law, KCG Partners Law Firm
