Legal Framework of Agrivoltaics in Germany

In Germany, agrivoltaic systems are not explicitly embedded in the legal framework. In order to advance the technology and thus make a contribution to the energy transition and sustainable food production, legal implementation is of great relevance. An analysis of the four sectors construction, energy, agriculture and environment presents the current state of affairs. Agrivoltaic systems are usually built in the so-called unplanned outdoor area. In many cases it is difficult to obtain a permit there, because the classification as a privileged project does not always succeed. In the planned area, the stipulation of use is associated with legal difficulties. With regard to the EEG, agrivoltaics often falls into the category of ground mounted systems and therefore is usually not eligible to receive a governmental feed-in tariff on agricultural land. The agricultural sector can recognize areas under agrivoltaic systems as eligible areas and, with the help of a detailed environmental analysis, it should be considered that at least no compensatory measures within the framework of the Eco Account Ordinance need to be created when building an agrivoltaic system. In the energy sector, an increased feed-in tariff can be achieved through certain adjustments.