Resort refuses to back down on energy storage? 600 kWh limit to remain? - Gramwzielone.pl

We must wait at least another dozen or so months for the new technical conditions for energy storage. The Ministry of Development and Technology has, for the time being, withdrawn from their implementation, while its latest statement indicates that the ministry does not intend to abandon the 600 kWh capacity limit for energy storage in a single fire zone of a building. The ministry acknowledges that it has not conducted separate cost analyses of the new requirements for investors.

The Ministry of Development and Technology explains that the proposed limit for energy storage should not apply to buildings dedicated solely to storage or to freestanding installations. It also rejects the argument that LFP battery storage is inherently safer, citing a May fire at an energy storage facility in Greater Poland. The ministry has not conducted cost analyses of the new requirements for investors.

This is a response to a query from Member of Parliament Gabriela Lenartowicz regarding the draft regulation on the technical requirements that buildings and their location must meet. The response from State Secretary at the Ministry of Digitalization Michał Jaros is dated October, meaning it was issued after the Ministry of Development withdrew the implementation of the new technical requirements, which was originally scheduled for September 20, 2026. The member of parliament inquired about the version of the draft from May 13, 2026, but the ministry referred to the newer version from August 6, which had been amended in the section concerning energy storage. On August 7, the draft was notified to the European Commission, which agreed to the urgent procedure.

Thresholds from 30 to 600 kWh

The recent draft regulation ties the fire safety requirements for battery energy storage systems (BESS) in and around buildings to their total nominal capacity. The thresholds are set at 30, 60, 120, 300, and 600 kWh. According to the Ministry of Digitalization, these thresholds were established primarily by considering the potential for multiple re-ignitions of batteries, the formation of explosive atmospheres, the toxicity of combustion products (including hydrogen cyanide and hydrogen fluoride), and the conditions for conducting rescue operations.

The requirements were developed in cooperation with, among others, the Building Research Institute, the National Fire Service Headquarters, and the Fire Protection Research and Development Center. The ministry cites several standards and guidelines, including the American NFPA 855, the German VDE-AR-E 2510-50, and the Dutch PGS 37-1.

According to the Ministry of Development, the thresholds proposed in the latest draft have been raised compared to the 2025 version of the project, as manufacturers reported technological issues, and the new proposals aligned with the thresholds in the Construction Law.

The 600 kWh limit does not apply to every building

The 600 kWh capacity limit for energy storage systems within a single fire zone raised the most concerns. The Ministry of Digitalization clarified that this limit applies only to buildings not exclusively designated for energy storage. It does not cover buildings specifically constructed for storage purposes or standalone storage facilities, provided that specified distances are maintained. In buildings with other uses, multiple fire zones can be established, each accommodating a storage system of up to 600 kWh. According to the ministry, this limit does not restrict the installation of storage systems in companies, industrial facilities, agricultural holdings, or public utility buildings.

The ministry noted that the 600 kWh value also appears in the NFPA 855 and PGS 37-1 standards, and it currently sees no need to change it. If this proposal is ultimately implemented, investors will be able to apply for a deviation from the technical and construction regulations, but the application must be accompanied by an expert opinion from a fire safety specialist.

Change for energy storage in blocks

The Ministry of Development and Technology emphasizes that, compared to the draft version from mid-2025, the subsequent draft has modified the conditions regarding the installation of energy storage systems in multi-family buildings. The draft dated August 6 does not completely prohibit the installation of home energy storage systems in apartments, nor on balconies, loggias, or terraces. The conditions for their installation are specified in paragraph 318.

Ventilation and explosion overpressure above 60 kWh

MP Gabriela Lenartowicz also inquired about the requirements for ventilation and explosion protection. The draft provides for emergency exhaust ventilation with a capacity of at least 10 air changes per hour, as well as explosion venting devices with a surface area of at least 0.065 m2 for every m3 of the room.

According to the Ministry of Digitalization, the first value is derived from technical standards, while the second has been in force for years in Polish regulations for rooms at risk of explosion. These requirements apply only to rooms with storage facilities having a total capacity exceeding 60 kWh, in which a flammable gas, such as hydrogen, may be released during a failure.

“LFP does not eliminate the risk”

The Ministry of Development and Technology rejects the argument that energy storage systems based on lithium iron phosphate (LFP) cells should be subject to less stringent requirements.

“General claims that LFP energy storage technology is safer than all other technologies are false,” the response states. According to the Ministry, safety is determined by the entire installation, which must be demonstrated through hazard analysis and testing.

As an example, the Ministry of Development cites a fire at a 2 MWh containerized energy storage facility using LFP cells, which occurred on May 7, 2026, in Czajkowo, Greater Poland. Despite a rapid response, the temperature inside the container continued to rise. Sixty-five people were evacuated from the facility grounds and neighboring buildings, and more than 70 firefighters participated in the operation. The Ministry also references a fire at a 1.5 MWh storage facility in Bautzen, Germany, where 42 people were evacuated, as well as a 2021 fire in Beijing that claimed three lives, including two firefighters.

The draft regulations, however, propose less stringent requirements for energy storage systems equipped with aqueous electrolyte batteries and flow batteries. These systems are not required to have, among other things, a battery management system (BMS), smoke and carbon monoxide detectors, or fixed fire suppression equipment.

Without a cost analysis

The Ministry of Development and Technology acknowledges that it did not conduct separate cost analyses of the new requirements for investors, as these costs depend on the individual circumstances of each investment. The ministry also does not have a comparative analysis of regulations in other EU countries, although it has considered, among other things, German solutions. MRiT emphasizes that the regulations do not impose an obligation to install energy storage, and that the costs of ensuring safety “should not be treated as an additional burden on the investor, but as part of a responsible process of designing and implementing the investment.”

The ministry recalls that public consultations and the coordination of the draft concluded in mid-2025, and that comments from the industry, including from the Polish Energy Storage Association and the Polish Chamber of Energy Storage and Electromobility, are available on the website of the Government Legislative Centre.

MRiT announces that the new regulations are “the first stage in creating a comprehensive legal framework” and may be updated as technology develops and operational experience with energy storage systems grows.

Security or a barrier for the market?

The response from the Ministry of Digitalization highlights the dispute that has been ongoing for months regarding energy storage. The government is simultaneously promoting storage solutions—through the Home Energy Storage Program and the simplified connection of storage systems to micro-installations effective December 1—and is preparing detailed fire safety requirements for them. During a recent photovoltaic industry debate in Mszczonów, a representative of the State Fire Service argued that from a safety perspective, overregulation is preferable to a lack of regulations. Industry representatives, on the other hand, warned that poorly designed requirements could hinder investments.

According to data from the State Fire Service presented at this debate, there are several dozen energy storage fires in Poland annually. This is a small number compared to approximately 110,000 total fires in the country, but each incident requires a prolonged and specialized response. The absence of a cost analysis means it is unknown how the new requirements will affect the profitability of storage systems, particularly in multi-family buildings, businesses, and agricultural holdings. Only practice after the regulations come into force will provide an answer to this question.

Transition period for new technical requirements

The new requirements for energy storage systems included in the regulation on technical conditions were scheduled to enter into force on September 20, 2026, but their implementation has been postponed.

For 18 months from September 20, 2026, the existing regulations on technical conditions will remain in effect during the construction, construction works, and maintenance and use of residential buildings. The Ministry of Development and Technology announced this. The transitional period was introduced by the Act of July 31, 2026, amending the Act on the Self-Government of Architects and Construction Engineers and the Construction Law (Journal of Laws, item 1161), within the scope defined therein.

Investors will be able to submit a declaration to the authority conducting the proceedings stating that the project was prepared based on the existing regulations. This refers to the Regulation of the Minister of Infrastructure of April 12, 2002, on the technical conditions that buildings and their location must meet, and the Regulation of the Minister of Internal Affairs and Administration of August 16, 1999, on the technical conditions for the use of residential buildings.

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“General statements that the LFP energy storage technology is safer than all others are untrue”

I am already translating this corrupt statement: “LFP? A major threat. Where did these revelations come from? Well, we just made them up. The power plant manager told us so, and we didn’t conduct any scientific analyses because we trust him, and the numbers have to add up.”

“According to the Ministry of Digitalization, safety is determined by the entire installation” – if the installation was carried out correctly and in accordance with the design, the only fire hazard factor remaining is the storage unit itself, specifically the type of chemistry used in the cells. They keep making a fuss about capacities, but the solution is simple. Assign a specific fire class to each storage unit and base the capacities on these classes. —– @Adam: What 500l heat buffer in class A or higher could you recommend? I am interested in the lowest possible standby losses.

They are afraid that people will get angry… and switch to off-grid, in which case they would not be able to skim off the deposit while simultaneously forcing people to pay for distribution.