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22.07.2025 | KPMG Law Insights

Act on the implementation of RED III speeds up approval procedures for wind energy expansion

The law implementing the Renewable Energy Directive can enter into force soon after the Bundestag approved the draft on July 10 and the Bundesrat on July 11, 2025. The law speeds up the approval process for the construction of renewable energy plants enormously. This will lead to greater planning certainty for the companies involved and will significantly advance the energy transition.
The law implements the EU’s Renewable Energy Directive(Directive (EU) 2023/2413 Renewable Energy Directive – RED III). According to this European requirement, at least 42.5% of gross final energy consumption must come from renewable sources by 2030. The main aim of the national implementation law is to make the expansion of renewable energies more efficient. The aim is for at least 80 percent of electricity consumption to come from renewable resources by 2030.

The law that has now been passed was originally passed by the traffic light coalition in 2024. The CDU/CSU and SPD had already agreed on the swift implementation of RED III in the coalition agreement.

In acceleration areas, wind turbines are approved in a simplified procedure

The law introduces acceleration zones for onshore wind energy. The aim is to designate suitable areas where wind turbines and energy storage facilities can be given preference at the same location (“co-location”) and approved in a simplified and faster procedure. These areas are defined in accordance with the provisions of the Building Code and the Spatial Planning Act. From November 2025, applications within these zones will only be submitted electronically and will be much less bureaucratic.

Among other things, the new procedure provides for binding maximum deadlines for approvals of between one month and two years, depending on the scope of the project. In addition, it will be possible to submit all applications centrally to a single office, which will coordinate with other authorities.

Procedures are digitized and authorities are given shorter decision deadlines

The law modernizes and digitalizes the official procedures. Simplified procedures are also planned for various renewable generation technologies such as photovoltaics, geothermal energy and heat pumps outside the acceleration areas. A new Section 10a of the Federal Immission Control Act will contain special rules for approval procedures in future. Among other things, applications are to be submitted centrally and electronically.

The Act introduces a series of binding maximum periods for approval decisions in the Federal Immission Control Act and the Wind Energy Area Requirements Act. The exact duration depends on the type and size of the project. The respective deadlines are maximum values so that, ideally, faster decisions can be expected. For the first time, companies can reliably plan when they can expect to receive approval. This increases the likelihood of investments in new energy plants being realized enormously.

Repowering of wind turbines

The law implementing RED III is also intended to facilitate repowering projects. Repowering refers to the replacement of older wind turbines with modern, more powerful turbines. The new law stipulates that the approval authority must involve the authorities responsible for military and aviation matters within five working days of receiving the complete application documents. Previously, the air traffic authorities and the German Armed Forces were still able to raise objections to a project until it went into operation. This led to considerable uncertainty. The new law now provides for binding deadlines and defines clear obligations to participate. This creates legal certainty at an early stage.

No acceleration areas for the expansion of solar energy

However, the implementation law disappoints the expectations of the solar industry. This is because the bill drafted by the traffic light coalition still provided for the optional designation of acceleration areas for solar energy, including energy storage projects, in the land use plan. This is no longer included in the law that has now been passed. RED III obliges the member states to ensure that approval procedures for the installation of solar energy systems and energy storage systems at the same location do not exceed a maximum duration of three months. This is to apply to all relevant administrative permits for the construction, repowering and operation of renewable energy installations and energy storage systems at the same site.

The law implementing RED III will significantly accelerate the expansion of renewable energies

The new RED III Implementation Act can significantly advance the energy transition in Germany. It promises forward-looking planning with clearer rules and deadlines. The expansion of renewable energies in Germany can be significantly accelerated without compromising environmental standards. For companies, this means greater transparency and better prospects for the supply of renewable electricity.

Companies should check how they can benefit

Companies should check at an early stage whether planned projects are located in acceleration areas or how they can benefit from the new deadlines. It is worth actively approaching municipalities and approval authorities in order to coordinate upcoming projects and overcome any hurdles together. Internally, you should prepare for the digitalization of application processes. Anyone planning projects would be well advised to prepare all documents digitally now and plan in sufficient expertise or advice for the new procedures.

 

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