The Energy Regulatory Office (ERO) has issued the long-awaited Decree No. 302/2025 Sb., which, effective from 1 October 2025, fundamentally changes the conditions for connecting to the electricity system. The amendment builds on the legislative packages Lex RES III and Lex Gas. Its goal is to release reserved capacity in the transmission and distribution systems, enable the connection of batteries and other electricity storage facilities, and set fairer and more transparent payments for reserved power input and capacity.
New non-refundable flat fee
Until now, applicants shared connection costs through refundable deposits. The new Decree introduces a flat fee, a portion of which is non-refundable, depending on the reservation period and voltage level. Importantly, this applies to both reserved capacity and reserved power input (crucial for batteries). For connection to high-voltage and higher levels, the Decree stipulates that the non-refundable portion is:
- 30% of share in eligible costs (up to CZK 50 million) for reservations under 12 months, or
- 50% of share in eligible costs (up to CZK 50 million) for longer reservations.
For low-voltage connections, the non-refundable portion is 0%.
The non-refundable portion of the fee mainly aims to prevent speculative applications and blocking of network capacity. A new obligation requires concluding amendments to existing connection agreements (including agreements on future agreements) no later than 15 November 2026, otherwise the agreement will terminate, and the reserved capacity will be released. This change forces current applicants to reassess the feasibility of their projects. If a project fails (e.g., due to failure to obtain public permits), the non-refundable deposit is “forfeited” to the distributor, and the capacity becomes available to others.
Also, for new connection agreements, the maximum period for connecting a project to the distribution system is introduced, specifically:
- 5 years (high voltage and very high voltage); and
- 3 years (low voltage),
unless the parties agree otherwise in the agreement.
Battery storage facilities
One of the most significant changes is the introduction of electricity storage facilities (i.e. battery storage facilities) as a separate category. The Decree updates definitions to include not only “generation facilities” but also battery storage facilities. From the applicant’s perspective, it no longer matters whether it is connecting a source or battery – both types are assessed together. The Decree also defines ‘installed capacity’ for electricity storage.
Connecting batteries and generation facilities through other facilities
The Decree allows more flexible connection schemes. A generation facility or battery can be connected either at the customer’s consumption point or through an already connected generation facility or battery. In the latter case, the operator of the facility that is already connected to the system submits the application and concludes the agreement. This provision supports shared projects – such as community battery storage facilities or hybrid power plants where one battery serves multiple generation facilities.
Category 1 accumulation - end of double charging
Alongside the new Decree, the ERO introduces the “Category 1 accumulation” regime. It applies to stand‑alone battery storage facilities that return at least 80% of the electricity consumed in a given month to the system. Facilities meeting this condition will no longer pay fixed fees for reserved capacity (those were previously quite high).
The new regime eliminates so-called double charging, where a fee for distribution of stored electricity was paid twice: once by the accumulation operator during charging and again by the end customer during discharge. Starting 1 October 2025, stand‑alone storage facilities will pay only for the capacity they actually use.
Practical implications for investors and operators
- Deadline alert: 15 November 2026 – You have to conclude an amendment to existing connection agreements (including agreements on future agreements) and pay the non-refundable portion of the flat fee; otherwise, your reserved capacity will expire.
- Greater cost transparency – Standardized rates for reserved power input and reserved capacity make it easier to plan investments and assess their profitability.
- Battery licensing – The amendment introduces a separate licence for electricity (i.e. battery) storage facility operators and allows batteries to be connected directly to the distribution or transmission system without capacity limits. The Decree reflects this concept in the procedural rules.
- Infrastructure sharing – The option to connect an electricity generation facility or a battery storage facility through an already connected facility opens the door to community projects and hybrid power plants.
Conclusion
Decree No. 302/2025 Sb. establishes battery storage facilities as full-fledged market participants, streamlines documentation, sets transparent and non-refundable fees, and addresses the strain on the transmission and distribution systems. Together with the Lex RES III and Lex Gas legislative packages, it marks a key step toward a decarbonized and flexible energy sector.
The dedicated Energy Law Team at HAVEL & PARTNERS is ready to assist you with:
- Reviewing amendments to existing connection agreements to ensure they meet your project requirements;
- Assessing permitting processes for the project and risks related to the non-refundable deposit connection fee, so it cannot be “forfeited”;
- Integrating battery storage facilities into your projects, including their licensing; and
- Grant advisory services for your energy projects.
