Romania’s solar energy sector is booming, making it a key investment hub in Eastern Europe. However, navigating the detailed and evolving legal framework for solar power plant licensing requires expert guidance.

This article provides a comprehensive guide to the regulations, procedures, and latest developments for successful solar PV projects in Romania.

Romanian Solar Power Licensing - PV Legal Guide - BMA Legal

1. Legal and Institutional Architecture

The Romanian legal regime for renewable energy is deeply anchored in European Union law, particularly Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources (“RED II”). This directive is transposed into national legislation through the Energy Law no. 123/2012 and various secondary regulations issued by the National Energy Regulatory Authority (Autoritatea Națională de Reglementare în domeniul Energiei – ANRE).

The institutional ecosystem is characterized by a multilayered configuration:

  • ANRE oversees the regulation, licensing, and monitoring of electricity producers and grid operators.
  • TSO (Transelectrica) and DSOs are responsible for grid connection, technical approvals, and capacity allocation.
  • Local Authorities (municipalities and county councils) handle urban planning and building permitting.
  • Environmental Protection Agencies (APM/ANPM) supervise environmental assessments and authorizations.
  • General Inspectorate for Emergency Situations (ISU) grants fire safety endorsements.

Given this institutional complexity, regulatory navigation often requires cross-disciplinary legal and technical coordination.

 2. Typology of Solar Projects

The licensing process varies significantly depending on the scale and nature of the PV project. Romania recognizes three broad categories:

  • Prosumer Projects (≤400 kW): These are typically residential or small commercial rooftop systems. The regulatory framework for prosumers is significantly simplified to encourage widespread adoption.
  • Commercial-Scale Projects (400 kW – 1 MW): These systems, often installed on commercial or industrial premises, are subject to intermediate levels of scrutiny.
  • Utility-Scale Projects (>1 MW): These projects, which can exceed 100 MW, are subject to comprehensive permitting procedures and grid coordination. They frequently involve challenges related to land use, environmental scrutiny, and network capacity.

Each category triggers a distinct combination of legal requirements, regulatory thresholds, and administrative burdens.

3. Land Acquisition and Urban Planning

The first legal hurdle for ground-mounted projects is land qualification and zoning compliance. Developers must undertake a meticulous due diligence exercise on land status:

  • Land Classification: Agricultural land, particularly of high fertility (Classes I–III), cannot be used for energy infrastructure without prior conversion, which must be authorized by the Ministry of Agriculture. Conversion is administratively burdensome and time-sensitive.
  • Urbanism Certificate (Certificat de Urbanism): This document, issued by the relevant local authority, specifies whether the proposed use aligns with zoning plans and outlines the approvals required for development.
  • Zonal Urban Plan (PUZ): If the land is not already zoned for energy infrastructure, a PUZ is mandatory. This urban planning tool requires stakeholder consultation, environmental scoping (if applicable), and can extend project timelines by 6–12 months.

Notably, failure to secure proper zoning is a frequent cause of project delays and investor frustration. Early legal engagement in the land acquisition phase is therefore essential.

4.  Environmental and Construction Permitting

Environmental compliance constitutes another crucial component of the permitting chain:

  • Environmental Agreement (Aviz de Mediu): Projects over 1 MW or situated in environmentally sensitive areas must undergo Environmental Impact Assessment (EIA) procedures. The process includes public consultations and can trigger additional biodiversity studies or cumulative impact assessments.
  • Fire Safety Approval (Aviz ISU): Ground-mounted installations and larger rooftop systems must obtain ISU clearance based on detailed technical plans, particularly regarding fire prevention systems and access routes for emergency vehicles.
  • Health Approval: For installations near sensitive sites (e.g., schools, hospitals), the county public health directorate may require additional sanitary endorsements.
  • Building Permit (Autorizație de Construire): This permit is issued based on a full technical dossier including architectural, structural, and environmental documentation. Even minor rooftop installations must undergo permitting if structural modifications are involved.

Recent reforms have waived building permit requirements for certain prosumer systems installed on existing structures without altering their load-bearing elements—a welcome simplification.

5. Grid Connection: Technical and Legal Aspects

Securing access to the transmission or distribution network is one of the most critical—and competitive—steps in the project development process:

  • Connection Request: The process begins with submitting a formal request to the relevant grid operator (DSO or Transelectrica, depending on capacity and location).
  • Technical Connection Approval (Aviz Tehnic de Racordare – ATR): This document is issued following a grid feasibility study and specifies the technical and financial conditions for interconnection. It often includes requirements for transformer stations or compensation equipment.
  • Connection Contract: Once the ATR is accepted, the developer must enter into a binding connection contract within a specific time frame.
  • Connection Works and Commissioning: Grid works may be executed either by the developer (if authorized) or by the grid operator. Upon completion and verification, a Connection Certificate is issued, confirming the physical interconnection of the plant.

Grid access is increasingly subject to bottlenecks in high-demand regions. To address this, Romania is preparing to implement grid capacity auctions for projects over 5 MW, starting in 2026. Legal counsel should monitor grid access regulations closely, as changes may impact project bankability and timeline.

6. Licensing from ANRE

ANRE licensing ensures regulatory oversight of electricity producers and market participants. There are several key steps:

  • Technical Certification of Installation: Before commercial operation, installations must be certified by an ANRE-authorized entity to verify compliance with technical norms and safety requirements.
  • License for Commercial Operation: This is the core regulatory license, valid for 25 years, authorizing electricity generation and sale into the grid. It requires proof of legal standing, technical capability, and financial solvency.
  • Market Registration: Developers must also register with the centralized market operator (OPCOM) and with Transelectrica for balancing services. Depending on the trading strategy (e.g., bilateral contracts, day-ahead, balancing), additional registrations may be required.

Of note, prosumers under 400 kW are exempt from the commercial license requirement and benefit from simplified market integration pathways.

7. Incentive Schemes and Special Regimes

Romania has been progressively introducing support mechanisms for renewable energy deployment:

  • Prosumers: These users enjoy net metering arrangements, VAT exemptions (for individuals), and buy-back guarantees from suppliers at ANRE-regulated prices.
  • Contracts for Difference (CfD): Romania’s inaugural CfD scheme was launched in 2024, offering long-term price stability for solar and wind projects. Developers must win competitive tenders and enter into CfD contracts with the designated counterparty.
  • Energy Communities: Legislative initiatives are underway to promote collective ownership of renewable installations via energy cooperatives and citizen energy communities. This will open new opportunities for decentralized energy production with shared governance models.
  • Mandatory Storage: As of 2027, prosumers with systems between 10.8 kW and 400 kW must integrate battery storage. This measure aims to enhance grid flexibility and self-consumption.

These instruments, though still maturing, signal a shift towards a more dynamic and participatory energy market.

8. Timelines and Practical Realities

While timelines vary widely, the development cycle of a utility-scale solar PV project in Romania typically follows this pattern:

  • Land acquisition and urban planning: 3–6 months
  • Environmental assessment and permitting: 6–12 months
  • Construction permitting: 1–3 months (post-EIA)
  • Grid connection and ANRE licensing: 6–9 months

Overall, the permitting horizon generally ranges from 12 to 24 months, with the most significant delays often associated with environmental review or zoning procedures. Developers should also anticipate legal and procedural inconsistencies between counties, requiring tailored local strategies.

9. Outlook: Reform and Resilience

Romania’s renewable energy framework is experiencing profound transformation. In addition to regulatory digitalization and grid reforms, further changes are anticipated in response to the EU’s REPowerEU initiative and the revised RED III directive.

Key upcoming developments include:

  • Digital permitting platforms to replace fragmented paper-based processes.
  • Capacity-building at local authority level to reduce administrative bottlenecks.
  • Introduction of competitive grid access auctions, with transparent allocation criteria.

To capitalize on this evolution, legal practitioners must blend sector-specific expertise with a forward-looking, adaptive approach. Proactive compliance, stakeholder engagement, and early risk identification will be the cornerstones of successful solar development in Romania.

9. How BMA Legal Can Help

Romania is a prime location for solar power investment, offering significant opportunities despite complex regulations. Expert legal guidance is crucial for success.

Get expert legal guidance for your solar project in Romania.

Contact BMA Legal today for tailored support.