Brief overview
A battery storage site must first have the Four key questions consist of:
- Is there free network capacity?
- Is the area planable from a planning perspective?
- Are safety distances and fire access possible?
- Is the risk insurable?
Outside area privileged Section 35, paragraph 1 of the BauGB (since 23.12.2025) two cases:
- No. 11 concerns storage in a spatially and functionally related context with an existing EE facility (co-location).
- No. 12 concerns standalone storage facilities of 4 MW or more, at a maximum distance of 200 m from a transmission system or a power plant of 50 MW or more, with a surface area of 0.5 % of the municipality's area or 50,000 m².
Typical Exclusion and clarification cases are floodplains, water protection areas, open pipelines and nature protection areas.
Insurance companies They can impose stricter requirements than authorities, for example regarding distances, drainage water, detection and monitoring.
Status: October 2026. The Building Code Book is currently being revised.
What makes a good battery storage location
The choice of location early on determines the feasibility, schedule, and cost-effectiveness of battery storage systems. It follows a clear logic: First, we examine what a project absolutely prevents (the C-to-C criterion), then what costs time and money (the clarification criterion), and finally, what can be optimized.
| Level | Key question | Typical factors |
| 1st network | Can the storage be connected, and at what cost? | Network connection point, network level, free capacity, distance |
| 2. Planning law | Is it allowed to build here? | Building plan, interior area, § 35 BauGB |
| 3. Exclusion | Are there any prohibitions? | Flood and water protection area, open pipeline, nature conservation, waste disposal |
| 4. Security | Do distances, access, and extinguishing water fit? | Fire protection plan, fire department |
| 5. Area | Does the subsurface contribute to and drain away water? | Building plot, flooding, heavy rain, access road |
| 6. Neighborhood | Are noise limits being observed? | Noise emissions, residential development |
| 7. Insurance | Is the risk insurable under acceptable conditions? | Distances, detection, monitoring, environment |
Not every requirement is equally binding. For planning purposes, it is worth asking where a requirement comes from.
| Level | Examples | Effect |
| Law and regulation | BauGB, Water Management Act, AwSV, State Building Regulations | directly binding |
| Expert recommendation and administrative approach | AGBF expert recommendation, application instructions from the Fachkommission Städtebau | no legal norm, but it does shape the practice of the authorities |
| Manufacturer specifications | Assembly conditions, tolerances, maintenance areas | Requirement for warranty and certification |
| Insurance requirements | Risk questionnaires, requirements in the insurance contract | contractually, can go beyond regulatory requirements |
Standards such as DIN, VDE, IEC or NFPA are not automatically binding. They apply only to the extent that they have been introduced by building regulations, agreed upon contractually, or required by official authorities.
Note: The article applies nationwide; details of the state building codes vary. It does not replace legal or fire safety advice.
Power connection & power connection point when choosing a location
Without a mains connection or free capacity, there is no battery storage system. Therefore, this question is at the beginning of a site assessment. What matters is not whether there is a line somewhere; what matters is how much free power for take-off and feed-in is available at the grid connection point and what the connection costs are. It either already exists or is allocated by the grid operator.
What the network operator decides
Network operators must connect storage facilities to the grid in accordance with § 17, paragraph 1, of the EnWG under „reasonable, non-discriminatory and transparent“ conditions. They may refuse to connect the facility only if it is not possible or not reasonable to do so for operational or other economic or technical reasons. The network operator determines whether and when capacity is available based on this.
Three site factors in the network
The three most important factors for connecting a battery storage system are therefore:
- Capacity: How much capacity is available at the assigned network connection point
- Costs: The distance between the transfer station and the network connection point, whether cable ducts are already available and whether construction cost subsidies (BKZ) are necessary.
- Time: How does the network operator allocate capacity and how long does the network take to become available?.
BKZ: Performance and location determine the costs
The BKZ is the one-time payment to the network operator for network expansion. The BGH ruled in 2025 that a construction cost subsidy under the performance-based pricing model is also permissible for purely grid-connected storage. Following the 2025 decision, the connection becomes even more expensive the higher the requested capacity. The relevant factor is the take-off capacity; the feed-in function does not play a role. Because the price is calculated locally, the amount varies depending on the network area. The network operator has so far had some discretion in this matter. In the context of the BNetzA’s AgNes network tariff reform, the BKZ issue was also discussed on several occasions, but it will be considered separately in a separate procedure later. More on this in the article Grid fees for battery storage.
Age determines the order
Since 1.4.2026, the Transmission system operator For the first time, connections for storage and large consumers are made after project completion rather than upon receipt of an application. The criteria are not yet defined uniformly and differ from one another. However, a trend is evident:
- Surface protection and status of permits: 30 %
- Technical system and connection concept: 30 %
- Performance of the connection plug: 30 %
- Network and system benefits: 10 %
For some applications, there is a flat fee of €50,000 and a deposit of €1,500 per MW upon acceptance of the offer. The deposit is later credited to the construction cost subsidy. Also, first distribution network operators are considering such procedures. Those who can show secured land area and planning rights are better positioned in the grid allocation process. More on this in the article Stage of maturity process for BESS projects.
What should change in terms of regulation
The network package, which will be adopted together with the EEG in 2027, is intended to reorganize the network connections, among other things. The following are planned:
- a prioritization of annexation requests, which includes, among other things, land zoning in spatial planning and building regulations
- digital network connection portals and published network capacity maps
- Easing the requirements for „net-neutral“ storage in co-location with existing facilities
More detailed content of the cabinet decision can be found in our report. EEG 2027 & Grid Package.
Planning law: At what locations are battery storage systems allowed to be built?
The planning authority is the municipality. What matters is where the area is located.
| Area | Permissibility of battery storage systems |
| Development plan (§ 30 BauGB) | Permitted if the regulations do not conflict with them. Warehouses are considered commercial establishments and are permitted regularly in commercial, industrial, mixed-use, and village areas; in general residential areas, they are permitted only exceptionally. |
| Unplanned interior area (§ 34 BauGB) | The area characteristics of the surrounding area are decisive. The same applies in a factual commercial or industrial area as in the building plan. |
| Outdoor area (§ 35 BauGB) | Only privileged projects or individual case approval (see below). |
If the area does not meet the requirements, an exemption or a new development plan is required, usually as a special energy storage area. A project-specific development plan can be approved, but an offer-based development plan cannot. Approval usually takes place through the building permit under the state building code.
Outdoor area: two privileges since 23.12.2025
| No. 11: Co-location | No. 12: Stand-alone | |
| Prerequisite | Spatial and functional connection with an existing facility for the use of renewable energy sources | No more than 200 m to the property boundary of a substation (high-voltage or medium-voltage) or an operating or decommissioned power plant of 50 MW or more |
| Size | Orientation of the technical committee: Performance 1:1, capacity 1:4 (EE nominal power to storage capacity) | At least 4 MW nominal power |
| Surface cover | None | The total area of all 12rd-class storage units in a municipality must not exceed 0.5% % of the municipality's area and 50,000 m², including ancillary facilities and open spaces |
| Notes | The EE system must not yet be built at the time of approval (revocation clause recommended). No pure green power storage is required, but it must not exclusively be gray power. The immediate vicinity is decisive. | The entire project, including ancillary facilities, access roads and open spaces, must be within the 200-m_limit. The property boundary is decisive, not the plot boundary. |
The general privilege for supply facilities (No. 3) no longer applies to battery storage systems. Existing facilities are not counted towards the area coverage. In competing applications, the priority principle applies: The entry of the first documents suitable for review is decisive, even in relation to the construction application itself.
The privilege does not replace the other requirements: public interests must not be opposed, the development must be secured, and spatial planning objectives must be observed. In addition, the municipality’s consent (§ 36 BauGB) and an economically secured demolition obligation (§ 35 Abs. 5 BauGB) are required. Anyone who fails to meet the privilege may obtain an individual permit under § 35 Abs. 2 BauGB. On burdened sites (substations, cables, pipelines), landscape and recreation have less weight, and § 11c EnWG stipulates that energy storage should be included in the assessment as a priority interest.
Update (October 2026): The 100-meter minimum distance from the draft of the Building Code Update (1.4.2026) is no longer included in the cabinet decision (27.5.2026), according to offices and associations. The procedure is underway; its entry into force is planned for January 1, 2027. The comments of the Technical Committee for Urban Planning (18.08.2026) are currently administrative guidance, not a legal norm.
Exclusion criteria: When a battery storage site is excluded
| Criterion | Effect | Basis |
| Defined or provisionally secured flood zone | Usually knockout criteria | Section 78, paragraphs 4 and 8 of the WHG |
| Water protection area | Zone I and II usually the knockout criteria., Zone III case by case | § 49 AwSV, Protected Area Ordinance |
| Protection strips of high-voltage overhead lines | Usually knockout criteria | Management rights, AGBF/DFV professional recommendation |
| High-risk flood area outside of flood-prone areas | Clarification case | Section 78b of the WHG |
| Nature, species protection, monuments, long-distance roads, waste materials, war material | Clarification case | respective legal field |
Flood-prone areas
Flooded once in 100 years statistically (HQ100): The construction of structural facilities is prohibited here, even in the open air and for privileged storage facilities. An exception under § 78, paragraph 5 of the Water Act is only possible in individual cases, if flood control, water level and drainage as well as the existing flood protection are not adversely affected and the project is designed to be highly flood-adapted.
In risk areas outside of flood zones (extreme flooding), the following applies: Structural installations should be built in an outdoor area in accordance with § 78b WHG, insofar as this is necessary to prevent flood damage. Typically, this involves raising the installation of sensitive components or providing buoyancy support; the water authority determines the details in individual cases. Flooding is also a property risk, and insurers ask about the nature of the hazard situation.
Water protection areas
Battery storage systems can, depending on the material inventory (electrolyte, coolant), be considered as facilities for handling water-hazardous substances. In water protection areas of protection zones I and II, such systems are fundamentally prohibited. In Zone III, facilities of hazard level D must not be installed; additional requirements apply for other zones. In addition, the prohibitions of the respective protection area regulations apply. The water authority decides on a case-by-case basis.
High-voltage overhead power lines
A protective strip is located under and next to high-voltage overhead lines; the network operator usually secures this with a servitude in the land registry and excludes construction from the scope of the installation. Furthermore, the AGBF/DFV expert recommendation generally considers it not possible to install storage under high-voltage lines because lines can be torn down by fire.
Other factors in choosing a location
Other areas of clarification may include: nature conservation (interference compensation, species protection; even a development plan cannot overcome this; assessment of the impact on the natural environment is conceivable, but not likely); monument protection; federal highways (building prohibition and construction restrictions zone according to § 9 FStrG); and hazardous waste and explosive remnants of war (specific to the respective state). Flood and water protection areas can be checked in advance in the maps portals of the respective states.
Spacing and fire protection for battery storage systems
There is no specific building regulations for battery storage systems; the M-EltBauV (Building Code for Storage in Buildings) is the exception. Freestanding storage systems are usually considered non-regulated special structures; the building inspector examines the fire safety in the approval process. The central basis for the fire protection departments is the AGBF/DFV professional recommendation 2021-02 (updated 21.11.2025), which is identical in content to the BVES safety guide. It is a recommendation, not a legal norm. Additionally, the distance requirements of the Landesbauordnung apply.
| Criterion | Orientation value |
| Distance to other objects (buildings, installations, fire loads) | 5–10 m, to be determined on a case-by-case basis |
| Distance between storage units in the park | Not to be derived from the 5–10 m range; own matrix for each installation size |
| Possible reduction in distance | Massive, non-combustible walls (0.5 m above the top edge, 0.5 m in front of and behind the storage areas) or Large Scale Fire Test, only with the fire protection service and the property insurer |
| Transformers | Usually 3 m (cast resin), 5 m (oil), DIN VDE 0101-1 |
| Roads for the fire department | At least 3.5 m, in accordance with DIN 14090 |
| Water supply | Medium and large systems: 800 l/min over two hours (96 m³) |
Distances, paths and walls determine the required area. In accordance with Building Code No. 12, ancillary facilities and open spaces are included in the area coverage. In the case of small outdoor facilities, separate rainwater retention can be dispensed with. Retaining rainwater is not required by building regulations and is not necessary for small and medium-sized facilities. In the case of large facilities and special locations (such as water protection areas), it is coordinated with the permitting authority; the fire department cannot approve it. Insurance providers may impose further requirements.
Area and land plot when choosing a location
Land and topography are rarely decisive factors; however, they do determine the effort and costs involved.
Building plot
Manufacturers usually provide tolerances for inclination and set-up differences. A structural engineering report clarifies load-bearing capacity, groundwater level, and frost depth; the structural engineer measures foundations and anchoring, as well as wind and snow loads (DIN EN 1991). Poor soil conditions make a site rarely impossible, but they can significantly increase costs by replacing soil or deepening the foundation.
Topography and drainage
Manufacturers typically require a level, stable, dry surface without any dips. Precipitation and condensation water must flow away in a controlled manner. Slope gradients increase the effort required for terrain modeling.
Getting around
Planning-wise, the access must be secured (§ 35, paragraph 1, BauGB); depending on the state building code, different requirements apply in terms of building regulations. Practically speaking, the area must be accessible for utility vehicles and crane operations; in addition, maintenance access points and areas for the fire department must be included. The cable route to the network interconnection point is also part of this.
Noise as a factor in the location selection of battery storage systems
Battery storage systems are generally not subject to approval requirements under the Federal Emissions Control Act; however, noise requirements still apply when selecting a site. The standard is the TA noise level; proof of compliance is provided by a noise forecast during the building permit process. The relevant sources are the ventilation and cooling of the storage containers, as well as inverters and transformers.
| Area of the emission source | Day (6–22 PM) | Night (22–6 p.m.) |
| Industrial areas | 70 dB(A) | 70 dB(A) |
| Industrial area | 65 dB(A) | 50 dB(A) |
| Urban areas | 63 dB(A) | 45 dB(A) |
| Core, village and mixed area | 60 dB(A) | 45 dB(A) |
| General residential area | 55 dB(A) | 40 dB(A) |
| Pure residential area | 50 dB(A) | 35 dB(A) |
| Nursing area, hospital, nursing home | 45 dB(A) | 35 dB(A) |
What matters here:
- Protection claim at the site of the emission: What matters is not the area of the storage facility itself but the nearest vulnerable use, such as a residential building.
- Outdoor area: The TA Lärm does not specify any reference value for this. In practice, assessors for residential buildings in the open countryside often use the values for village and mixed-use areas (60/45), depending on the individual case.
- Times and peaks: In residential areas and areas with high protection requirements, additional allowances apply during quiet hours. Short-term noise peaks may exceed the guideline value by up to 30 dB during the day and by up to 20 dB at night. Special noise characteristics such as loudness are factored into the assessment level as an additional allowance.
- At night: Because batteries can charge and discharge at night as well, the nighttime value often determines the planning.
- Preload: In addition to substations, noise may already be present. In that case, it also counts, unless the plant’s contribution is at least 6 dB below the guideline value.
- No fixed minimum distance: The TA Lärm does not know of any, what matters is whether the emission limits are met at the location of the emission.
Outdoor sound sources such as intake and exhaust vents and coolers are usually particularly critical. An arrangement that is away from the source of the noise or shielded from it can reduce the level by 10 dB or more. Enclosure is considered structural soundproofing and is factored into the forecast numerically.
Insurances
Insurance companies usually assess the location and battery storage on their own. They can impose stricter requirements than the permitting authority. The BVES guide points this out, and reducing distances by walls or fire tests is, in any case, only possible with the consent of the property insurer.
Typical insurance components are property insurance with fire risk, optionally with additional property risks such as flooding and high water, loss of income, and during the construction phase, installation insurance.
An exemplary risk assessment form for storage systems with a capacity of over 0.5 MWh or stand-alone systems shows which site-related questions insurers ask:
| Topic | Examples from the registration form |
| Environment and vegetation | Distance from forest (at least 1.5 times the height of the tree), buildings with flammable materials nearby (15 m), regular maintenance of the area |
| Fire department and firefighting water | Fire protection plan coordinated with the fire department; access to extinguishing water |
| Protection and surveillance | Fencing, video surveillance, remote monitoring |
| Natural hazards | Flooding and flooding as additional potential hazards |
| Equipment technology | Cell chemistry (LFP/NMC), certifications (IEC 62619, UL 9540A), prototype or second-life use |
| Loss of earnings | Annual insurance amount, availability of spare parts |
Some insurers require larger distances or additionally mention the risk of contamination from pipelines or tank storage facilities and the local fire department as evaluation factors. Those who clear up distances, extinguishing water, and the surrounding environment early also improve their bargaining position with the insurer, because these same factors determine the premium and deductible.
Scorecard for the location selection of battery storage systems
The table summarizes important criteria. Knockout means that the location is usually excluded. Clarification means that costs, time, or requirements need to be examined, and optimization means that the criterion can be improved through planning.
| Criterion | Classification | Bindingness | Contact person |
| Network interconnection point and free capacity | Elimination / Clarification | Law (§ 17 EnWG), procedures of the network operator | Grid operator |
| Construction cost subsidy, distance to the network connection point | Clarification | Conditions of the network operator, case law of the German Supreme Court | Grid operator |
| Planning law (building plan, interior area, privilege) | K.-o. | Law (BauGB, BauNVO) | Municipality, Building Supervision |
| Flood zone | K.-o. | Law (§ 78 WHG) | Lower Water Authority |
| Water protection area | K.-o. (Zone I/II), clarification (Zone III) | Law (AwSV, Protected Area Ordinance) | Lower Water Authority |
| Protection strips of high-voltage overhead lines | K.-o. | Leadership rights, professional recommendation | Network operators, Land Registry |
| High-risk flood area outside of flood-prone areas | Clarification | Law (§ 78b WHG) | Lower Water Authority |
| Nature, species and heritage protection, long-distance roads, waste materials, explosive remnants of war | Clarification | Law, depending on the country | Competent authorities |
| Distances, fire department access, extinguishing water | Clarification / Optimization | Professional recommendation (AGBF/DFV), standard | Fire protection service department, building supervision |
| High noise levels | Clarification / Optimization | Administrative regulation (TA Lärm) | Building supervision, environmental protection, noise expert |
| Land and topography | Clarification (costs) | Manufacturer specifications, Statics | Civil engineering consultants, structural design engineers |
| Getting around | Clarification / Optimization | Law, professional recommendation | Building supervision, Fire department |
| Eligibility and environment | Clarification (terms and conditions) | Requirements of the insurer | Insurers, Brokers |
FAQ
Where can a battery storage system be built?
In commercial, industrial, mixed-use and rural areas, it is regularly permitted; in general residential areas, it is only occasionally permitted. In the outdoor area, it requires a special permit under § 35, Section 1, No. 11 or 12 of the Building Code or an individual case permit under § 35, Section 2 of the Building Code.
What do sections 11 and 12 of the Building Code regulate?
No. 11 privileged storage in a spatial and functional context with an existing EE facility (co-location). No. 12 privileged stand-alone storage from 4 MW at a maximum distance of 200 m from a substation or a power plant at 50 MW or more, with a footprint of 0.5 % of the municipality’s area or 50,000 m².
Which areas are excluded?
Generally designated floodplains, the protection zones I and II of water protection areas, and the protection strips of high-voltage overhead power lines.
What distance is required from buildings?
The AGBF/DFV professional recommendation specifies a minimum distance of 5 to 10 meters to other objects, to be determined on a case-by-case basis. Massive, non-combustible walls or a large-scale fire test can reduce the distance, only with the consent of the fire protection service and the property insurer. Insurers may require more.
What noise limits apply?
The TA noise level at the next residential building at night is 35 dB(A) in a residential area alone, 40 dB(A) in a general residential area, 45 dB(A) in the mixed and village area, and 50 dB(A) in the commercial area. For residential buildings in the open countryside, there is no specific guideline; often the values from the mixed and village areas are used.
What does the network connection cost?
This depends on performance, distance, and network coverage. The BGH confirmed in 2025 that network operators may charge a construction cost subsidy for purely grid-connected storage under the performance pricing model. There are no flat fees; the amount is determined by the network operator.
What do insurers ask about the location?
For example, regarding distance from forests and buildings with flammable materials, coordination with the fire department, extinguishing water, fencing and monitoring, as well as natural hazards such as flooding. The questions vary from insurer to insurer.