Photovoltaics in Bulgaria - Legal Advice
The photovoltaics technology is set to lead the global and EU trend of expanding renewable electricity capacity.
This article will provide an overview of the Bulgarian policy and laws regarding solar photovoltaic systems. Investors in solar PV can get further information and advice from our local legal experts.
The solar industry is set to grow
International Energy Agency (IEA) data predicts overall capacity for energy from renewables will grow 50% over 5 years. About 60% of this new capacity will come from solar PV, IEA says.
Photovoltaic energy in Bulgaria
In Bulgaria, the photovoltaic installed capacity is set to triple by 2030. Solar PV will drive the RES sector, projected to grow to 27% of gross energy consumption by 2030.
As part of the ambitious EU target of 32% share for renewables, Bulgaria is updating its policy to promote investments.
The growing RES sector and Solar PV attract investors in Bulgaria due to the country’s:
- favourable conditions and location
- low tax rates
- low land prices
- favourable policies and legislation.
In recent years the annual growth of the solar sector has been 40% year on year, says Bulgarian Photovoltaic Association. And the future of solar is in urban projects and transport.
For more information about photovoltaic projects in Bulgaria and legal advice, contact our local legal experts.
A complete list of our services in the energy sector is available here.
Do you need legal advice and assistance? Contact our experienced lawyers.
Support for photovoltaic projects
Solar power allows for a wide range of applications - from residential, through commercial to utility scale. Government policy and legislation aim to support investors in all types of photovoltaic projects.
The support schemes in Bulgaria include premium contracts and a feed-in tariff scheme. Premiums apply to capacity over 4 MW, while FITs are reserved for smaller investors.
Premium contracts
Large-scale, commercial and industrial PV projects in Bulgaria are promoted through premium agreements. All solar PV plants with capacity of 4 MW and higher can apply for them.
Premium agreements are concluded with the Energy Security System Fund (ESSF). RES producers also sign contracts with the National Electricity Company (NEK). Premiums are designed to offset the difference in the price in these contracts with the stock price.
Large and medium scale solar PV projects need local assistance when choosing suitable sites, getting permits and negotiating contracts.
For support throughout the whole planning and construction process, contact out local experts. They can also help you to apply for EU funds and to prepare all permits and documentation.
Feed-in Tariffs
In Bulgaria RES projects with capacity below the 4 MW threshold are supported through FIT schemes.
Currently, FITs are mostly applied to new rooftop and facade solar PV installations with low capacity. The FIT scheme is suitable for private investors, farmers, business and home-owners.
The feed-in tariff is a fixed electricity price, usually cost-based, so above market. It is paid per unit of electricity produced from PV and delivered to the grid.
FITs have the following 3 basic provisions:
- Guaranteed access to the electricity grid
- Long-term power purchase contracts - 20 years for solar PV
- Guaranteed cost-based purchase price
FIT preferential prices are set by the Energy and Water Regulation Commission (EWRC). They are reviewed annually for new solar PV and RES projects.
According to the latest data, prices for photovoltaic energy (VAT excluded) are:
- for photovoltaics up to 5 KW - about EUR 0.12/ kWh
- for photovoltaics between 5 and 30 KW - about EUR 0.10/ kWh
Read more about FIT schemes in our article on feed-in tariffs.
Note that FIT schemes are reviewed annually. For the latest changes to FIT schemes as well as additional support for new solar PV projects, contact us.
Access to the grid
RES producers are not offered priority access to the electricity grid. Connecting is subject to the general provisions of the energy laws.
Currently grid access is simplified for solar PV below 30 KW. Larger projects need to negotiate with grid operators.
Free market
Bulgaria is moving towards a market-driven scheme to promote and control the supply of energy from renewables. As of 2018 NEK is not legally required to purchase the energy output of RS energy producers. Therefore, RS electricity is sold on the free market.
Read more about the general rules for renewables in our article on RES policy and laws in Bulgaria.
Investors who need assistance in negotiations with grid operators can contact our local experts. We can also support contract negotiations with NEK and prepare all necessary documents.
Simplified procedures for Solar PV
Recently, the Energy Act and Spatial Development Act (SDA) in Bulgaria were reviewed to support small-scale solar PV projects.
The latest changes apply to rooftop and facade photovoltaic installations up to 1 MW. These small-scale projects were freed from certain obligations during the planning and permit stages. The new rules will lower the risk, time and cost during construction.
No technical project is needed for the construction and connection of solar PV up to 30 KW. If all necessary documents are supplied, electricity distributors have to connect the solar installation to the grid. The property where the solar PV is located must already be:
- connected to the grid
- authorized for use.
Documents
To obtain a construction permit, investors need:
- a document proving ownership
- a sketch of the property
- a design visa
- approvals from a certified construction and electrical engineer
- confirmation of grid access by the grid operator
- construction permit
Connecting PV to the grid
Connecting the solar PV system to the grid follows these basic steps:
- Apply for design visa with local municipality
- Apply for grid connection research with electricity distributor
- Apply for engineering approvals
- Apply for construction permit with all documentation
- Construct photovoltaic installation
- Apply for grid connection contract with electricity distributor
- Undergo 72-hour testing with grid operator
- Apply for a contract for the purchase of the electricity generated and injected in the grid
- Start operating
Negotiating with the electricity distributor
Negotiations with the grid operator are the most complex and time consuming stage. The procedure starts with an application form that includes information about:
- the location of the property
- estimated time of construction
- voltage level
- installed capacity
- additional technical information depending on the specific project.
The application form is submitted along with a document proving ownership and a design visa. The grid operator may require additional documents or information.
Produced electricity needs to be metered. Relevant information has to be provided to the Sustainable Energy Development Agency (SEDA).
For more information and support throughout all phases of photovoltaic projects, contact our experts.
Why invest in photovoltaics
Solar energy is generated by converting sunlight into energy by using semiconductor materials. Solar includes photovoltaics (PV), solar heating and cooling, and solar electricity.
Solar energy technology uses both solar thermal collectors and solar PV cells. The solar thermal is used for heating or generating electrical power. On the other hand, solar cells are mainly used to produce energy.
Low costs
The basic advantages of solar PV lie in the lower cost and the high efficiency. PV modules (solar panels) are built from silicon solar cells (photovoltaic cells). Modules can be manufactured in large plants, which allows for economies of scale.
The efficiency or amount of electricity produced from PV cells depends mainly on the characteristics of the PV cell.
Storing
Another advantage is that surplus electricity generated from a panel array can be stored in solar batteries. It can also be delivered into the grid if the solar PV installation is connected to it.
Government support
To promote investments in solar PV, governments use FIT schemes. These offer preferential prices to RS producers. The special tariff is paid for each electricity unit injected into the grid.
Do you need legal advice and assistance? Contact our experienced lawyers.
Local legal advice
The planning stage of solar PV projects is crucial and requires professional legal advice at the local level. Our expert team offers full support at every project stage until completion.
Our services in the area of Solar PV include:
- Consultations related to energy legislation in Bulgaria
- Due diligence of solar PV projects
- Help in applying for EU funds
- Consultations in the selection of a suitable site
- Support during the planning stage
- Support during the construction phase
- Negotiations with grid operators
- Negotiations with the Public Utilities
- Preparation of all legal documents and contracts
For any investment related questions and other PV project issues, contact us.
“Danailova, Todorov and Partners“ Law Firm provides top-quality legal services on all aspects of trade law and contractual law. Our experts also specialize in administrative law, tax law and employment law.