Obligation to install photovoltaic panels on high energy-consuming buildings in Flanders postponed until 1 April 2026

Background: Mandatory installation of photovoltaic panels on high-energy consuming  buildings

In June 2023, the Flemish Government adopted a decree obliging the owners, superficiaries and leaseholders of buildings that consume more than 1 GWh of electricity each year to install photovoltaic (PV) solar panels from 30 June 2025 onwards. The aim of this measure is to make better use of unused roof space for the production of renewable energy, thereby supporting Flanders’ climate objectives.

 

As an alternative, stakeholders may invest in other forms of renewable energy – such as wind turbines, combined heat and power systems, or heat pumps – or participate in projects that develop new renewable energy installations.

 

New deadline: 1 April 2026

The Flemish Government sought the advice of the Council of State on a draft decree incorporating additional options that would enable the obligation to install PV solar panels to be deferred. However, the Council found that there is currently no legal basis for further postponement, except in cases where the roof itself is being demolished or replaced.

To provide a legal framework for additional deferrals, a new decree adopted by the Flemish Parliament must first be passed that explicitly permits such flexibility. In order to allow time for this, the Flemish Government has decided to postpone the original deadline by nine months – from 30 June 2025 to 1 April 2026. This not only provides the scope that is needed in order to complete the necessary legal steps, but it also recognises that despite the flexibility and the alternatives available, a number of companies and organisations may not be in a position to comply on time due to practical constraints.

The delay offers some welcome breathing space. Preparing and implementing investments in PV systems often involves lengthy lead times – for purposes such as carrying out roof stability studies, obtaining planning permission, conducting grid analyses, concluding contracts with suppliers and installers and, in the case of public entities, to enable public procurement procedures to be organised and carried out.

For more information about the conditions and exceptions that apply, please read our previous newsletter entitled Vlaanderen verplicht zonnepanelen voor grootverbruikers vanaf 2025 (Flanders is making solar panels obligatory on high energy-consuming buildings from 2025 onwards).

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