FAQ

A permit from the grid operator is not necessary as long as the power of the wind turbine is less than 800 W.

As the construction of a wind turbine constitutes a structural modification, you should in any case enquire with your municipality as to whether a building permit is necessary, especially if it is a free-standing turbine. For freestanding installations, you should also find out beforehand whether your desired installation site lies on building land or, in some circumstances, in a green zone. In these cases, a permit from the Ministry of the Environment is mandatory.

In addition, it is important to ensure that the wind turbine does not exceed the maximum permissible construction height prescribed by the municipality, insofar as no exceptions are provided for technical devices.

In the context of the building permit application procedure, it is necessary to respect the municipal planning regulations relating to setbacks from neighbouring private properties. The same provisions apply to constructions along the municipal public domain.

As is the case for buildings along the municipal public domain, buildings along the State road (national road and State-managed road) must, within the framework of the building permit application procedure, comply with the municipal urban planning regulations on setbacks.

For constructions located in the vicinity of the State public domain at a distance of 25 metres from a national road (N) or at a distance of 10 metres from a State-managed road (CR), established from the property line, a road permit is required from the Minister of Sustainable Development and Infrastructure. As part of a road permit, provisions regarding the setbacks of buildings in relation to the road will be applied. These may differ from the setbacks set by the municipalities.

With regard to building permits, the municipalities systematically check that buildings are set back from the municipal public domain or plot boundaries.

As a rule, the planning regulations for setbacks are regulated by the municipalities in their General Development Plan (Plan d’Aménagement Général, PAG) or in the Special Development Plans (Plans d’Aménagement Particulier, PAP).

For municipalities whose PAG has not yet been adapted to include current legislation, the planning regulations relating to setbacks are still included in the written part of the PAG or in the building regulations. For these municipalities, the measurement of setbacks in the event of energy retrofitting is set out individually, by municipality, in those documents.

On the other hand, for those municipalities whose PAGs have been completely revised since 2011, the Grand Ducal Regulation that is the basis for the applicable definitions provides that the building setbacks are to be measured without the additional insulating layer in the case of an energy retrofit.

In both cases, the municipalities can include derogation mechanisms in their regulations in order to promote energy retrofitting, for example through a reduction in the minimum setback to be observed.