Long considered a niche technology, floating solar is now emerging as a promising solution for accelerating the energy transition in Europe. Although the technology is now considered mature, its development across European territories remains a major challenge, requiring developers to navigate an ever-changing regulatory framework. While the European Union sets common targets to promote renewable energy, each Member State retains its own rules regarding environmental protection, permitting and financial support.
Floating solar is rarely mentioned explicitly in legislation. For developers, understanding and anticipating its specific requirements has therefore become a key factor in the success of a project. In this changing environment, adaptability and forward planning are essential.
In this article, we explore the common European regulatory framework before looking at the differences between several EU countries throughout each stage of a floating solar project’s development.
The European regulatory framework: 5 key texts influencing floating solar
To understand the legal framework governing floating solar in Europe, it is important to consider several key European Union regulations and directives.
The RED III Directive
The first is the RED III Directive (2023), which applies to all renewable energy sources. It introduces “renewables acceleration areas”, territories that Member States must identify as particularly suitable for renewable energy development.
Within these areas, permitting procedures are simplified and projects benefit from a presumption of overriding public interest. For floating solar, this is particularly significant because these areas may include bodies of water.
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32023L2413
The water framework directive
The Water Framework Directive is equally important. It requires Member States to preserve the good ecological status of water bodies.
In practical terms, a floating solar project must demonstrate that it does not adversely affect water quality, aquatic habitats or biodiversity. This requirement forms the basis of environmental impact assessments.
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32000L0060
The environmental impact assessment directive
The Environmental Impact Assessment (EIA) Directive complements this framework. Depending on their size and potential impacts, projects are either subject to a case-by-case assessment or a full environmental impact assessment, often accompanied by a public consultation.
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32011L0092
The nature restoration regulation
More recently, the Nature Restoration Regulation (2024) has further strengthened ecosystem protection, particularly for aquatic environments.
While it does not prohibit floating solar, it increases environmental requirements during the assessment of projects.
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32024R1991
What about offshore floating solar?
For projects located at sea, the Maritime Spatial Planning Directive organizes the allocation of different uses, including renewable energy, in order to prevent conflicts between activities.
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32014L0089
Natura 2000
Finally, Natura 2000 sites benefit from specific protection. Floating solar projects are not automatically prohibited in these areas, but they must demonstrate that they will not have significant effects on the site.
Member States may nevertheless adopt stricter rules. Greece, for example, excludes water bodies located within Natura 2000 sites from its floating solar development framework.
Natura 2000 areas are natural sites designated to protect habitats and species that are representative of European biodiversity. The habitats and species concerned are defined in the annexes to the European “Birds” and “Habitats” Directives, which form the regulatory framework for the Natura 2000 network.
A tour of european regulations for developing a floating solar project
Land and waterbody rights: the example of Croatia
Before starting the permitting process, a project must secure the right to use the waterbody. However, there is no harmonized European framework governing land and waterbody rights. Each country applies its own rules, forcing developers to adapt their strategy to each individual market.
The challenges can therefore be numerous:
- cadastral records that are sometimes incomplete or insufficiently digitized;
- multiple ownership resulting from successive inheritances;
- very different public-domain ownership regimes from one country to another.
These differences are among the first sources of uncertainty when developing a project. Croatia is a good illustration of this specific situation. A large share of the country’s land is publicly owned and is mainly made available through very long-term leases, sometimes lasting several decades.
These contracts provide legal security throughout their duration. However, identifying the competent authority depends on the legal status of the land. Depending on the situation, procedures may need to be initiated directly with the State or with the holder of the lease. Specific allocation procedures may also apply, meaning that developers need a strong understanding of the national administrative framework before selecting a site.
Environmental assessments in France
In France, floating solar PV does not yet have a dedicated regulatory framework and is currently treated within the broader “ground-based solar” category. Floating solar projects must therefore comply with several rules relating to water, environmental protection and urban planning.
This complexity can extend project timelines. For example, when a waterbody is located in an agricultural or natural area, an amendment to the local urban planning document or local zoning map may be required before an application for authorization can even be submitted.
The APER Law, adopted in March 2023, has simplified certain procedures in agricultural areas, but significant constraints remain in natural areas. Developing a floating solar project therefore requires developers to anticipate the local rules applicable to the selected site at a very early stage.
Obtaining the necessary permits: The case of Germany
In Germany, floating solar development is governed by very specific rules. The Federal Water Act (WHG, Section 36) limits projects to artificial or heavily modified waterbodies, with two straightforward criteria: solar panels cannot cover more than 15% of the water surface, and they must remain at least 40 meters from the shoreline.
This framework has one clear advantage: developers can quickly determine whether a site is compatible with the regulations and estimate the project’s potential from the earliest stages of development. However, these limits significantly reduce the number of sites that can be developed.
These specific restrictions also affect the economic feasibility of projects. Project developers therefore tend to focus on large-scale projects, leaving smaller waterbodies aside. According to several analyses, including those by Fraunhofer ISE, this regulatory approach helps control the development of floating solar while reducing part of Germany’s available potential.
Allemagne, WHG § 36 : https://www.gesetze-im-internet.de/whg/__36.html
Regulation as an accelerator in Italy
Italy takes an approach that is almost the opposite of Germany’s. The country relies on simplified authorization procedures (PAS) to accelerate solar development. These procedures apply to projects of up to 10 MW installed on artificial waterbodies, such as reservoirs, irrigation basins and quarry lakes, including quarries that are still in operation.
The threshold is increased to 20 MW for sections of abandoned quarries. Beyond administrative procedures, Italy also supports project profitability. The FER 2 decree, adopted in 2024, provides dedicated support tariffs for floating solar of around €75/MWh, potentially reaching nearly €90/MWh for smaller installations. This combination makes Italy one of the European markets providing significant support for the development of floating solar projects on water.
https://www.tedioli.com/en/floating-photovoltaics-italy-challenges-prospects/
A saturated grid slowing project development: The Netherlands
The Netherlands is one of Europe’s pioneers in floating solar, including one of the continent’s first large-scale floating solar farms, with a capacity of 27.4 MW, installed in 2020. In a country where land availability is constrained by high population density, floating solar provides an attractive solution, allowing renewable energy to be generated while preserving land resources.
However, the country is now facing a saturated electricity grid. In most regions, new projects must wait for grid connection capacity to become available before they can move forward. This issue affects a large part of Europe. Grid connection queues continue to grow, sometimes because projects that are still at an early stage reserve grid capacity. To address this issue, the European Commission wants to prioritize more mature projects rather than those that simply submitted their applications first.
https://www.raponline.org/wp-content/uploads/2024/01/RAP-Pato-Netherlands-gridlock-2024.pdf
Selling electricity: The example of the United Kingdom
In the United Kingdom, the main support mechanism for renewable electricity generation is the Contract for Difference (CfD). The principle is straightforward: the government guarantees an electricity sale price over a long period. If the market price falls below the guaranteed price, the government pays the producer the difference.
Conversely, if the market price exceeds the guaranteed price, the producer pays the difference back to the government. This system provides project developers with greater financial visibility and facilitates project financing.
In 2025, the United Kingdom published its Solar Roadmap, setting a target of 45 to 47 GW of solar capacity by 2030, compared with approximately 19 GW in mid-2025. The document also identifies floating solar as a technology to be developed.
For now, floating solar does not have a dedicated category within the CfD mechanism. The administrative strike price for the next auction is set at £75/MWh for solar PV, but there is currently no dedicated tariff for floating solar. The government is nevertheless considering the creation of a specific category for floating solar in order to better reflect its higher costs. If adopted, such a change could improve project profitability. However, it remains under consideration for the time being.
UK Solar Roadmap 2025 : https://assets.publishing.service.gov.uk/media/685d6e483e6b7941f4e00afb/35.87_DESNZ_UK_Solar_Roadmap_final.pdf
Everything can change: The importance and influence of the political context on floating solar development
For floating solar, knowing the current regulatory framework is not always enough. Rules can evolve as a result of changes in government, parliamentary votes or decisions balancing energy, agriculture and other public priorities. These changes can create new constraints, but they can also open up new opportunities.
Regulations are still evolving
The implementation of RED III is a good example. Each Member State must define its renewable energy acceleration areas according to its own timeline and criteria. The map of areas suitable for renewable energy projects is therefore still evolving, country by country.
A parliamentary vote can quickly change the landscape
France provided an example in June 2025. An amendment proposing a moratorium on new wind and solar installations was adopted by the National Assembly before the bill as a whole was ultimately rejected a few days later.
The moratorium was therefore not maintained, but the episode demonstrated how quickly a parliamentary vote can alter the prospects of an industry, even in a market where the sector is already well established.
Political changes can also open up markets
Conversely, a political change can also unlock a market. In Poland, restrictions imposed on onshore wind since 2016 were gradually eased from 2023 onwards. In the United Kingdom, the change of government in 2024 also contributed to removing certain constraints that had been slowing onshore wind development and to reigniting momentum around renewable energy.
More recently, in the context of the conflict in the Middle East, UK Prime Minister Keir Starmer highlighted the importance of developing clean energy in the United Kingdom in order to reduce dependence on international markets and strengthen energy security and independence.
A constraint can become an opportunity
Finally, trade-offs between renewable energy development and other land uses can create opportunities for floating solar. In Italy, tighter restrictions on ground-mounted solar PV in agricultural areas in 2024 increased interest in alternative surfaces, particularly waterbodies. The real question is therefore not simply: “What is the rule today?”, but also: “What will the rule be in three years, when my project is being assessed?”. For a floating solar project, regulatory and political monitoring is therefore both a risk management tool and a way to identify new opportunities.
At Laketricity, anticipation is a priority
In a market where regulations are constantly evolving, knowing the rules is not enough. To develop a floating solar project in Europe, developers must also anticipate changes, identify risks and seize opportunities.
Present in France and Italy, and active in Belgium, Laketricity closely monitors regulatory and political developments, proposed legislation and public consultations.
The company also engages with authorities and grid operators at an early stage in order to adapt its projects as effectively as possible to the local context.
“A framework that is constantly evolving is not an obstacle; it is an input. Our job is to read the weak signals […] and adapt our strategy before the rules change, not afterwards,” explains Marine Collantes, Head of International Development at Laketricity.
She adds:
“On every new market, we start with regulation before technology: understanding who authorizes the project, who connects it to the grid, who buys the electricity, and how all of this could change. This anticipation work is what turns a changing environment into a competitive advantage.”
This forward-looking approach also guides site selection and project design, helping to limit the risks associated with regulatory and economic changes. The regulatory framework for floating solar in Europe will continue to evolve. For developers, the ability to anticipate these changes will therefore be essential to securing projects and capturing new opportunities.
Author : Lou-Ann Gavignet
