On 4 December 2025, the Bundestag adopted two new privileges for battery energy storage systems (BESS) in the outdoor area under building planning law as part of the heat amendment (BT-Drs. 21/3101):

According to Section 35 para. 1 no. 11 BauGB, projects that serve to store electrical energy in a battery storage system and are in a spatial-functional context with an existing system for the utilisation of renewable energies will be privileged in future.

§ Section 35 para. 1 no. 12 BauGB introduces a privileged status for all other battery storage systems, but sets out further requirements for this: Only battery storage systems with a minimum rated output of 4 megawatts that are located within 200 metres of the property boundary of a substation or power plant are covered. In addition, the total area in the same municipality occupied by all battery storage systems authorised under this number, including the associated ancillary systems and open spaces, may not exceed 0.5 percent of the municipal area or a maximum of 50,000 m².

The privileged status of BESS in outdoor areas was controversial for a long time. Due to the inconsistent practice of the authorities and the lack of case law, there were increasing calls for the introduction of an explicit BESS privilege. In November 2025, a new, unconditional privilege for battery storage systems with a storage capacity of at least 1 megawatt hour was surprisingly adopted as part of the amendment to the Energy Industry Act (BT-Drs. 21/2793). Just a few weeks later, the legislator restricted the new privileged status again before the amendment to the EnWG came into force.