Law 3851/2010 on accelerating the expansion of renewable energy sources

Objectives – Historical Framework and Current Status

Law 3851/2010 set the following original national targets for 2020:

• A share of energy from renewable energy sources (RES) in gross final energy consumption of 20%,
• A share of electricity from RES in gross electricity consumption of at least 40%,
• At least 20% of energy from RES to be used for heating and cooling by 2020,
• A share of energy from RES in final energy consumption in the transport sector of 10%.

Update of the Targets:

The above targets for 2020 were met and exceeded. Under the National Energy and Climate Plan (NECP) 2019–2030, as amended in 2023, the new national targets for 2030 are:

• Share of RES in gross final energy consumption: ≥ 35%
• Share of RES in electricity generation: ≥ 65%
• Targets in line with Directive (EU) 2023/2413 (RED III), which sets an EU-wide RES target of 42.5% by 2030.

Permitting Procedure – Current Rules (Law 4951/2022)

The permitting system introduced by Law 3851/2010 has essentially been replaced by Law 4951/2022 (“Modernisation of Renewable Energy Permitting”). The main elements of the current rules are set out below:

RES Producer Certificate (Replacing the Production Licence)

Under Law 4951/2022 (Articles 10–17):

• The old production licence has been abolished for RES installations with a capacity of up to 1 MW.
• For installations over 1 MW, an RES producer certificate is required, issued by the Regulatory Authority for Energy (RAE).
• The RES producer certificate does not replace the other required permits (environmental permit, building permit, etc.).
• The application is submitted electronically via the RAE platform.
• RAE decides within 4 months of submission of the complete application.
• The certificate is valid for 25 years and may be extended.

Exemptions from the Certificate Requirement:

Exempt are RES installations with a capacity of up to 1 MW, as well as self-supply installations (net metering / energy offset) under Law 4513/2018 and Law 5037/2023.

Determination of the Grid Connection Point:

The location, manner and type of connection is determined by the distribution network operator DEDDIE (for connection to the distribution network) or the transmission network operator ADMIE (for connection to the transmission network) in cooperation with RAE. For non-interconnected islands, the relevant operator remains responsible.

• The connection offer is issued within the deadlines set out in the respective grid and system operating rules of DEDDIE and ADMIE.

Environmental Permit:

Under Law 4685/2020 and Joint Ministerial Decision YPEN/DIPA/11936/836/2021, RES projects are classified into three environmental permit categories:

Category A1: large projects with high environmental impact – a full environmental impact assessment (EIA) and an environmental permit decision (AEPS) from the Ministry of Environment and Energy (YPEN) are required.

Category A2: projects with medium environmental impact – an EIA and an AEPS from the competent Decentralised Administration are required.

Category B: projects with low environmental impact – subjection to standard environmental conditions (PPD) via an electronic platform, without issue of an AEPS.

• Photovoltaic projects up to 1 MW generally fall under Category B, unless located in sensitive areas (Natura 2000, forest areas, etc.).
• The AEPS is valid for 10 years and may be extended twice for the same period, provided the application is filed within 6 months before expiry.
• The obligation to submit a prior expert opinion for the first environmental impact assessment has been abolished.

Installation Permit:

Under Law 4951/2022 (Article 18 et seq.):

• For installations up to 1 MW subject to PPD: no separate installation permit from the region is required.
• For installations over 1 MW requiring an AEPS: an installation permit is required, issued by the competent region within 30 days of submission of the complete documents.
• The installation permit is valid for 2 years and may be extended once for the same period.
• The following are required for the issue of the installation permit:

RES producer certificate (for projects over 1 MW)

AEPS or certificate of subjection to PPD

Connection offer from DEDDIE or ADMIE

Forestry authority permit (where required)

Other required permits (heritage protection authority, directorate for agricultural development, etc.)

Connection Offer:

Issued by DEDDIE or ADMIE, depending on the connection level.

• Issued within the deadlines set out in the grid and system operating rules (generally 4 months for complex cases).
• Acceptance of the connection offer by the applicant leads to signature of a connection agreement.
• The final connection offer is valid for 4 years and is binding on both parties.

Operating Aid Agreement (Replacing the Purchase Agreement with DESMIE):

Under Law 4414/2016:

• In place of the old electricity purchase agreement with DESMIE, an operating aid agreement (SLE) is now signed with DAPEEK (Administrator for RES and Guarantees of Origin).
• The SLE is granted following successful participation in a competitive procedure (auction) held by RAE.
• DAPEEK reviews the rights to the property upon signature of the SLE.
• In areas with “grid saturation” or limited grid capacity, priority is given to installations exempt from the RES producer certificate requirement (up to 1 MW).

Operating Licence:

Under Law 4951/2022:

• For installations up to 1 MW: the operating licence has been replaced by a notification of commencement of operation to the competent authority.
• For installations over 1 MW: the operating licence is issued by the competent region within 20 days of the application.
• For photovoltaic installations, the operating licence is valid for 20 years, with the possibility of extension.

Transfer of Permits and Installations:

The RES producer certificate may be transferred following RAE’s approval, provided the new holder meets the statutory criteria.

• In the case of a transfer of the installation, the new holder assumes the rights and obligations towards DAPEEK.
• The operating licence is transferred by decision of the competent authority.
• The deadline for obtaining the installation permit is not extended as a result of a transfer.

Exceptions – Exemption Certificate:

Free-standing photovoltaic installations up to 500 kW and installations on buildings are exempt from the AEPS requirement and receive an exemption certificate from the competent authority within 20 days.

• When the certificate is issued, it is checked whether the land lies within the Natura 2000 network or is located less than 150 metres from another plot for which a corresponding permit has been issued.
• For self-supply installations (net metering), a simplified procedure applies under Law 4513/2018 and Law 5037/2023.

Permit Register:

RAE and YPEN maintain an electronic register recording:

• RES producer certificates
• Installation permits
• Operating licences
• Exemption certificates
• Exemptions from the RES producer certificate requirement

Spatial Planning and Urban Development Matters:

• Highly productive agricultural land: the construction of installations is permitted on such land only under the strict condition that no more than 1% of this land within the relevant regional unit is used for photovoltaic installations.
• Building permits: no classic building permit is required for the construction of a photovoltaic installation; however, a “permit for small-scale works” is required. In addition, special, extremely simplified rules apply to rooftop photovoltaic installations and self-supply systems (net metering).

Further Important Rules and Innovations

• Offshore installations: the focus is on the development of offshore wind farms and floating photovoltaic installations, approved by the Ministry of Environment. Their development is subject to special tender procedures and a strict environmental impact assessment, the details of which are laid down by special ministerial decisions.
• Special RES levy (3%): a significant part of the revenue from RES generation (special levy) flows back to local communities. One third is credited to the electricity bills of household customers in the municipality where the park is operated, reducing their energy costs. Part is allocated directly to the municipality, while the remaining revenue goes to the Green Fund for environmental measures. (Self-suppliers and certain categories of small projects are exempt from paying this levy.)

Disclaimer:

The information above is provided for information purposes only and does not constitute legal advice. The Greek legal framework for RES changes frequently. For each specific project, consulting a specialised legal or technical adviser is recommended. (Note: all information is based on the legal framework in force up to June 2026.)