PORTUGAL Trends and Developments Contributed by: André Miranda, Fieldfisher Portugal
production units (UPAC), and (iii) the establishment of tools to support aggregation and market participation. The renewable energy use contract ( CAER ) The CAER establishes a statutory framework under which property owners may assign the renewable energy use potential of their assets to third parties. In practice, it enables third-party models whereby a provider can finance, install, own and operate a self- consumption unit (UPAC) of up to 1 MW on another party’s property, including (i) undeveloped urban land; (ii) areas with no recognised aptitude for agricultural, livestock or forestry use; and (iii) rooftops or roof ter- races. The contract may cover both energy production and storage, provided the 1 MW maximum installed capac- ity is respected, as well as the commercial conditions relating to electricity that is self-consumed, stored or injected into the grid, and must take written form for a term of up to 15 years (renewable once). Service providers are subject to a prior communication to the DGEG, which ensures regulatory oversight of market participants. By giving these arrangements a defined statutory framework and a clear supervisory anchor, the CAER reduces legal uncertainty and facilitates the develop- ment of decentralised renewable energy solutions. Unless otherwise agreed, a CAER may also be com- bined with others of similar nature, allowing property owners to make use of multiple surfaces or assets, while respecting the capacity limits for each instal- lation. In practical terms, this regime creates new opportunities for monetising underused property, while expanding access to renewable energy for con- sumers and communities. Simpler authorisation : tacit approval and changes in the Civil Code The law amends Decree-Law No 15/2022 by intro- ducing tacit approval mechanisms in the licensing of self-consumption units (UPAC). This represents a sig- nificant simplification of the administrative process for renewable projects. Because a production licence is only required for installations above 1 MW, this tacit- approval mechanism is a meaningful advantage for
larger self-consumption projects, not only small-scale ones. The law also amends Article 1425 of the Civil Code, providing that a simple majority of condominium own- ers is sufficient to approve the installation and opera- tion of shared renewable energy units. This removes a long-standing governance barrier in multi-apartment buildings and facilitates the development of collective self-consumption projects. Simpler remuneration Finally, the law introduces a comparison platform for supplier and aggregator offers, to be operated by the Energy Services Regulatory Authority (ERSE), increas- ing transparency and facilitating access to market options for self-consumption surplus. While the broader framework for the sale of sur- plus electricity remains governed by Decree Law No 15/2022, these measures improve the visibility and accessibility of commercialisation channels for decen- tralised producers. Taken together, these measures make it easier and more affordable for a wide range of players, from homeowners and condominiums to retailers and industrial sites, to generate, store and participate in the market for renewable energy. The overall effect is to broaden participation in the energy system and reduce transaction costs associated with decentral- ised energy solutions. The PSZAER: a green map for utility-scale projects The PSZAER, prepared under the coordination of the Mission Structure for the Licensing of Renew- able Energy Projects 2030 (EMER 2030), is a national sectoral spatial planning programme that identifies the Renewable Energy Acceleration Zones (ZAER) in which solar and onshore wind projects benefit from streamlined licensing procedures. The so-called green map, prepared and developed by the National Laboratory for Energy and Geology (LNEG) and presented in May 2026, identified roughly 7% of mainland Portugal as potentially suitable for accelerated deployment. This corresponds to about 371,000 hectares for solar PV and 84,000 hectares
287 CHAMBERS.COM
Powered by FlippingBook