Poland's 2026 Energy Law Changes: Could Your BESS Project Be at Risk?
Grid connection agreements signed in 2025, projects awaiting connection contracts and BESS facilities approaching commissioning may face different risks under Poland’s 2026 Energy Law amendments. Here is what investors and developers should examine.
Why October 2026 Matters for Polish BESS Projects
For battery storage investors and developers, the value of a project often depends heavily on its grid connection rights.
A technically attractive 50 MW BESS project may have secured land, connection conditions, a preliminary design and a credible commercial model.
However, investors also need to establish whether the project can retain its connection rights, meet its development milestones and achieve commercial operation under the applicable regulatory framework.
Poland introduced two important Energy Law amendments in 2026:
Dz.U. 2026 poz. 516: Published on 15 April 2026, with several transitional provisions taking effect on 16 October.
Dz.U. 2026 poz. 1348: Published on 16 October 2026, introducing additional electricity-system operational-data obligations, with relevant provisions applying from 31 October.
These amendments address different aspects of the energy market.
For BESS investors, the first raises important questions about grid connection arrangements, financial security and development milestones.
The second reinforces the importance of operational-data exchange and cooperation with network operators.
The practical impact depends on the status of each project.
Scenario 1 - Your 50 MW BESS Has Grid Connection Conditions but No Signed Agreement
Imagine a developer holding valid connection conditions for a 50 MW / 100 MWh battery storage project.
The connection agreement has not yet been signed.
What changes?
The March amendment contains transitional provisions addressing projects that received connection conditions before the relevant provisions entered into force but had not signed a connection agreement.
Depending on the project’s circumstances, additional advance-payment or financial-security requirements may apply.
For certain projects, Article 11 establishes a transitional security requirement calculated at one quarter of the relevant statutory security amount.
Failure to satisfy applicable security requirements can have serious consequences, including the loss of validity of connection conditions.
What should the developer check?
- When were the connection conditions issued?
- When do they expire?
- Does the project fall within the transitional provisions?
- What financial security or advance payment has already been provided?
- Are further payments or guarantees required?
- What is the applicable deadline?
- Does the proposed technical configuration remain consistent with the connection documentation?
Commercial Consequence
An investor acquiring a project at this stage should not assume that existing connection conditions alone establish a secure development position.
The amount, form and timing of financial security may be relevant to the transaction.
KRD’s recommendation: Before acquisition or contract signature, obtain a documented assessment of the connection status, applicable milestones, financial-security arrangements and outstanding technical obligations, supported by legal advice on statutory interpretation where required.
Scenario 2 - Your 50 MW BESS Has a Connection Agreement Signed in 2025
Now consider an investor acquiring a 50 MW / 200 MWh BESS project with a grid connection agreement signed in 2025.
The project has not yet obtained every required construction permit.
Can an existing agreement be affected by the new rules?
Yes, potentially.
Article 13 of the March amendment introduces transitional provisions for certain connection agreements concluded within the 48 months preceding the relevant commencement date and concerning connections above 1 kV.
For qualifying projects, failure to notify the relevant operator that specified final construction permits have been obtained within the prescribed period can result in the agreement expiring by operation of law.
For battery storage projects, the legislation refers to construction permits covering equipment necessary for at least 80% of the installed electrical capacity and 80% of the storage capacity covered by the agreement.
A 30-month period from the relevant commencement date is specified for the applicable permit milestone.
However, the precise application of this rule, including any exemptions or alternative arrangements, must be verified for the individual project.
What should the investor ask?
When was the connection agreement signed?
Is the project within the relevant transitional period?
Which construction permits are required?
What proportion of the contracted MW and MWh is covered by those permits?
Has the required notification been submitted to the network operator?
Are any contractual or statutory alternatives relevant?
Does the transaction documentation allocate responsibility for outstanding milestones?
Why does this matter for acquisition?
A buyer may be evaluating a project based on the assumption that its existing grid connection agreement is secure.
If critical milestones or notifications have not been properly assessed, this can create material project risk.
For an investor, the consequences may affect valuation, transaction conditions, development expenditure and anticipated financial close.
KRD’s recommendation: Include a connection-rights and development-milestone review as a specific workstream in BESS acquisition Technical Due Diligence.
Scenario 3 - Your 50 MW BESS Is Under Construction
Consider a battery storage project where the EPC contractor and BESS supplier have already been appointed.
The project has reached detailed engineering or construction.
In addition to the connection and permitting provisions, the September amendment introduces requirements concerning operational-data exchange and cooperation with electricity-system operators.
Relevant provisions address electricity-storage operators and include structural data, real-time information, scheduling data and the execution of operator instructions, within the scope established by the applicable legislation and network requirements.
What should be checked?
The central engineering question is whether the contracted systems and interfaces can meet the applicable requirements.
An assessment should examine:
- EMS and PPC functionality
- SCADA and telemetry
- Communication with the relevant DSO or TSO
- Data availability and exchange
- Applicable network operating instructions
- FAT, SAT and commissioning procedures
- Responsibility for interface modifications.
Who is responsible for any additional work?
This is particularly important when responsibilities are divided between the BESS supplier, EPC contractor, EMS provider and other subcontractors.
If changes are required, project contracts must be reviewed to determine which party bears the associated engineering, testing and implementation responsibilities.
KRD’s recommendation: Complete a targeted technical interface and operational-data gap assessment before the relevant commissioning and acceptance milestones.
A Practical BESS Risk Matrix
The following matrix summarises the principal areas requiring verification.
PROJECT STATUS
MAIN QUESTION
DOCUMENTS TO
REVIEW
POTENTIAL COMMERCIAL EXPOSURE
Connection conditions issued, no agreement
Are transitional financial-security requirements satisfied?
Connection conditions, payment and guarantee evidence
Loss of connection conditions or additional funding requirements
Agreement signed in 2025
Are applicable permitting and notification milestones being met?
Connection agreement, permits, operator correspondence
Risk to connection rights and transaction value
Under construction
Can the control systems satisfy applicable operational-data requirements?
EMS/PPC, SCADA, EPC specifications and test plans
Modifications, commissioning delays or disputes
These risks are project-specific. The applicable provisions and contractual arrangements must be verified before drawing conclusions.
Five Documents Worth Reviewing Before a BESS Transaction
For a developer preparing to sell, or an investor considering the acquisition of a Polish BESS project, the following documentation provides a useful starting point:
1. Grid connection conditions
Verify their validity, scope and consistency with the proposed technical configuration.
2. Grid connection agreement
Review the signature date, connection obligations, development milestones and relevant provisions concerning expiry or amendment.
3. Permitting documentation
Confirm the status of construction permits and whether they cover the project configuration and statutory thresholds applicable to the transaction.
4. Financial-security documentation
Identify advance payments, guarantees, evidence of submission and applicable deadlines.
5. Technical interface documentation
Assess the EMS/PPC, SCADA and communications architecture against project-specific network requirements.
These documents should be considered together. Reviewing any one in isolation may fail to identify significant development or implementation risks.
Are These Risks Material to Project Bankability?
They can be.
Grid connection rights, development milestones and operational readiness are critical components of a BESS investment.
Potential problems may affect the transaction process through:
Additional development expenditure.
Delayed financial close.
Requirements for supplementary guarantees.
Changes in engineering scope.
Delayed commissioning.
Contractual disputes.
Risk allocation between buyer and seller.
Valuation adjustments.
For lenders, the same issues may be relevant to the assessment of construction risk, conditions precedent and anticipated commercial operation dates.
How KRD Renewables Supports Investors and Developers
KRD Renewables provides independent Technical Due Diligence, Owner’s Engineering and technical risk assessment services for utility-scale renewable-energy and battery storage projects in Poland.
Our BESS advisory work can include reviewing:
Grid connection documentation.
Development and permitting milestones.
Technical specifications.
EPC and equipment supply interfaces.
Network-operator technical requirements.
Control-system and communications architecture.
Construction and commissioning readiness.
Where legal interpretation is necessary, technical findings should be coordinated with the client’s legal and regulatory advisers.
Concerned About Your Polish BESS Project’s Grid Connection or Technical Readiness?
Whether you are acquiring a project, preparing for financing or progressing towards construction, KRD can help identify technical risks requiring further investigation.
Request a preliminary BESS project risk discussion.
The scenarios are illustrative and do not represent assessments of actual projects. The applicability of individual requirements depends on the legislation, project documentation and specific circumstances. This article is not legal advice.
