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Solar park in Bavaria | Photovoltaic open-air facilities in Tuntenhausen: building law developments and planning

Published on: April 25, 2025 / update from: April 25, 2025 - Author: Konrad Wolfenstein

Solar park in Bavaria | Photovoltaic open-air facilities in Tuntenhausen: Building law developments and planning-creative image: Xpert.digital

Photovoltaic offensive: How Tuntenhausen drives the energy transition forward

Building law and future: Tuntenhausen optimizes photovoltaic use

The municipality of Tuntenhausen consistently relies on the expansion of renewable energies and plans several photovoltaic open space systems in order to meet their electricity requirements sustainably. The current building law developments and plans show the endeavors of the municipality to make its energy supply sustainable and to optimally use the legal framework conditions for open space photovoltaic systems.

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Current planning in Tuntenhausen

The municipality of Tuntenhausen has ambitious plans for the expansion of renewable energies. In June 2024, the municipal council dealt with the development plan for a photovoltaic system in the Mailling solar park, whereby the committee wanted to advance the participation of the public. In total, the municipality plans three large photovoltaic systems with which it could produce more green electricity than it consumes it. These plans are part of a long-term strategy that started in November 2023 when the community set the course for three large PV systems.

With the planned three PV systems, a further 22 megawatt renewable energy on the green balance of the municipality are to be added. This would be significant growth, since Tuntenhausen already has a remarkable photovoltaic infrastructure: 613 photovoltaic systems with an installed total output of 10,111.66 kWP are currently in operation, which produce around 10.065,862.04 kWh of electricity annually.

Building law solar park basics for photovoltaic open space systems

The establishment of photovoltaic open-air facilities is subject to specific building law provisions in Bavaria. Basically, these systems are subject to building permit in accordance with Art. 55 Para. 1 of the Bavarian Building Regulations (BayBO). A development plan is usually required for the creation of building law, since in contrast to wind energy, open space photovoltaic systems do not enjoy any general privilege in accordance with § 35 BauGB.

The building law for the open space PV systems is created via the development planning, with possible conflicts of use uncovered and the different concerns of climate, environmental and species protection are weighed up. The municipality of Tuntenhausen follows this procedure when planning its new photovoltaic systems.

Simplifications in the approval process

The Bavarian state government has introduced several simplifications in the approval process for photovoltaic open space systems in recent years:

1. Since January 1, 2025, PV systems have been on motorways and multi-track railways, which fall under the privilege of Section 35 (1) No. 8 b) BauGB, according to Art. 57 Para. 1 No. 3 a), bb) BayBO. This applies to plants in a 200-meter strip along these traffic routes.

2. The Bavarian state government has simplified the regulation for compensation areas for PV open space systems. From December 2024, PV open space systems will become the rule without additional compensation needs. For two defined case types, the compensation requirement is either complete or is only 10 percent.

3. The upper limit of 200 solar parks on agricultural land in Bavaria was abolished, which also facilitates the expansion.

This relief could also be an advantage for the municipality of Tuntenhausen, as they accelerate and simplify the approval process for their planned photovoltaic systems.

Economic and ecological aspects

The installation of photovoltaic systems in Tuntenhausen offers both economic and ecological advantages. An average photovoltaic system in Tuntenhausen can generate around 800 to 1,200 kWh of electricity per year per kilowatt-peak (KWP). This is due to the favorable geographical conditions: the optimal roof pitch in Tuntenhausen is 35 degrees with an alignment of 0 degrees, and the annual global radiation is 1,151.95 kWh.

The expansion of photovoltaics contributes significantly to the energy independence of the municipality. The photovoltaic flow generated in Tuntenhausen already covers 74.50 percent of the electricity consumption of all residents. With the planned additional systems, the municipality could fully cover its electricity requirements from renewable energies and even produce surpluses.

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Citizen participation and acceptance

The integration of the public plays an important role in the planning of photovoltaic open space systems. In the planned photovoltaic system in the Solarpark Mailling, the local council wants to advance the participation of the public. This is an important step to increase acceptance for such projects and to address possible concerns early.

In addition, the municipality of Tuntenhausen supports its citizens in using solar energy. Since 2018, a solar register for the city and district of Rosenheim has been available, with which citizens can quickly check to what extent the roof of their residential building is suitable for using solar energy. This instrument helps to strengthen awareness of the use of renewable energies and to promote private investments in photovoltaic systems.

Local energy transition: Tuntenhausen on the way to the self -sufficiency

The municipality of Tuntenhausen consistently drives the expansion of photovoltaic open-air facilities in order to cover their electricity requirements entirely from renewable energies. The current plans for three large photovoltaic systems, including the Mailling solar park, are part of this strategy. The recent simplifications in the approval process and the compensation areas by the Bavarian state government favor this development.

Through the combination of municipal initiatives and supportive legal framework, Tuntenhausen positions itself as a pioneer in the area of renewable energies in the region. With the implementation of the planned projects, the municipality could not only cover its own electricity requirements, but also make an important contribution to the energy transition in Bavaria.

Future development will show how quickly the planned photovoltaic open space systems can be realized and what other measures the municipality will take in order to achieve their goal of fully renewable energy supply.

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