Superficies licences for offshore wind farms

The European Union’s long-term energy and climate policy directs Member States to reduce their carbon dioxide emissions and to increase renewable energy production and energy efficiency. By 2030, Estonia plans to reach of share of 65% of renewable energy in the total final energy consumption. In the total final electricity consumption, the aim is to reach 100 percent by the same deadline.

There are two valid maritime spatial plans with a total of 2,439 square kilometres of areas suitable for the development of wind energy. Under suitable conditions, it is possible to establish offshore wind farms in the magnitude of 15–17 GW in the wind energy areas established by spatial plans.

The following spatial plans are valid in the Estonian sea area

1. The Estonian maritime spatial plan establishes areas suitable for the development of wind energy in an area of 1,783 km2, which constitutes 4.5% of the total Estonian sea area. 225 km2 of these are reserve areas for wind energy (historically more intensive trawling areas) that can be taken into use from 2027 if procedural processes and studies carried out on other areas suitable for the development of wind energy have determined that it is not possible to develop offshore wind farms on a sufficient scale in these areas. The innovation area (88 km2) is intended foremost for wind turbines with a floating foundation.

Possibilities have been created for planning electricity connection cables to the power network in the offshore area during the superficies licence proceedings. The spatial plan establishes the conceptual locations of the cable corridors of development areas of wind energy in the planning area. In the development of wind farms at the superficies licence stage, an alternative location can be found for the cable corridor if this does not entail a significant adverse impact on wildlife and an adverse impact on the Natura 2000 areas.

2. Pärnu maritime spatial plan establishes areas suitable for the development of wind energy in an area of 656 km2.

Possibilities have been created for planning electricity connection cables to the power network in the offshore area during the superficies licence proceedings. The spatial plan does not specify the locations of electrical cables to connect offshore wind farms to the main network located on land. The location of electrical cables depends on the specific location of the offshore wind farm, connection conditions, natural and technical circumstances, and other circumstances that become clear only during development. Therefore, the technical solutions and locations of electrical cables are specified by the project.

3. Hiiu maritime spatial plan applies to the sea area surrounding Hiiumaa, but it does not govern development areas of wind energy because the spatial plan regarding areas for the production of wind energy was cancelled by the decision of the Supreme Court in case no. 3-16-1472 on 8 August 2018. The Supreme Court found that there were deficiencies in the strategic environmental assessment, incl. in the assessment of Natura impact, carried out during the preparation of the spatial plan. In order to determine whether it is, in principle, possible to plan areas for wind energy and connection possibilities of these areas to the main network on land in the Hiiu sea area, an analysis “Preliminary spatial analysis for planning areas for wind energy in the Hiiu sea area” was prepared. Spatial analysis is one of the bases for deciding on the need to initiate a spatial plan. If a spatial plan is initiated, areas for wind energy where a superficies licence can be applied for are determined in the course of the spatial planning procedure (e.g. as a result of specifying studies and analyses).

Superficies licence

A superficies licence is required to build construction works that do not have a permanent connection to the shore in a public water body.

In order to establish offshore wind farms, it is necessary to apply for a superficies licence from the Consumer Protection and Technical Regulatory Authority, which gives permission to use limited resources owned by the state for a specified term. 

If a superficies licence has been issued, a building permit and a use and occupancy permit must be applied for from the Consumer Protection and Technical Regulatory Authority for the construction and use of the wind farm.

Superficies licence proceedings commenced for offshore wind farms

All submitted applications for a superficies licence and issued superficies licences can be found in the map application of superficies licences for public water bodies of the geoportal of the Land Board.

Auction

The Consumer Protection and Technical Regulatory Authority carries out auctions on the basis of section 11310 of the Building Code if there are competing applications for a superficies licence.

Assessment of competing applications for a superficies licence (20.12.2023 version 3):

Assessment of competing applications for a superficies licence | 330.43 KB | pdf

Guide to electronic auction (11.10.2024 version 4):

Guide to electronic auction_11_10_2024.pdf | 597.37 KB | pdf

User manual of the auction environment:

User manual of the auction environment.pdf | 1.13 MB | pdf

The Consumer Protection and Technical Regulatory Authority is the competent authority that processes applications for a superficies licence and decides on initiating superficies licence proceedings and issuing a superficies licence.

An application for a superficies licence must include all the data set out in subsection 1133 (2) of the Building Code. It is recommended that an application for a superficies licence is submitted digitally signed to the e-mail address of the Consumer Protection and Technical Regulatory Authority [email protected].

The state fee for the superficies licence is paid within 30 days following the decision to initiate superficies licence proceedings based on the intended activity as follows:

  1. A state fee of 2800 euros is paid for the review of an application for a superficies licence, except superficies licence for an offshore wind farm specified in subsection 12 of § 1131 of the Building Code; 
  2. A state fee of 7900 euros is paid for the review of an application for a superficies licence for an offshore wind farm specified in subsection 12 of § 1131 of the Building Code, plus 250 euros per each wind power plant construction work to be constructed.

The state fee is paid to the account of the Ministry of Finance:

  • SEB Pank EE891010220034796011 (SWIFT: EEUHEE2X)
  • Swedbank EE932200221023778606 (SWIFT: HABAEE2X)
  • Luminor Bank EE701700017001577198 (BIC/SWIFT: RIKOEE22)
  • LHV Pank EE777700771003813400 (BIC/SWIFT: LHVBEE22)

Reference number: 2900082346
 

Procedural process

  • Return of applications for a superficies licence submitted for the development of offshore wind farms

Estimated time: II quarter of 2023

The Consumer Protection and Technical Regulatory Authority returns applications to supplement them in accordance with the amendments to the Building Code and the regulation established by subsection 11310 (14) of the Building Code. 

  • Publication of a notice on the application for a superficies licence, inviting applicants to compete

Estimated time: II quarter of 2023

The Consumer Protection and Technical Regulatory Authority publishes a notice on the application for a superficies licence submitted the first regarding which there are no grounds for refusing to initiate superficies licence proceedings in Ametlikud Teadaanded on the website of the Authority, and in a national daily newspaper. 

All interested parties can submit a competing application to the Consumer Protection and Technical Regulatory Authority to participate in the auction for the same area within 60 days. Submitted applications must be drawn up in accordance with section 1133 and subsection 1139 (2) of the Building Code.

The Consumer Protection and Technical Regulatory Authority refers the parallel applications for a superficies licence to the relevant authorities for an opinion on the basis of subsection 1137 (4) of the Building Code. Authorities have 30 days to respond.

  • Assessment of competing applications, admitting participants in the auction

Estimated time: III quarter of 2023

The Consumer Protection and Technical Regulatory Authority assesses competing applications according to the aspects of subsection 1139 (2) of the Building Code.

Applications must meet all 11 points, applications competing in an innovation area all 12 points. No points are given in the assessment of competing applications for a superficies licence, instead compliance of applications with the aspects is assessed. The Consumer Protection and Technical Regulatory Authority confirms the assessment results by a directive.

If several competing applications meet the aspects of subsection 1139 (2) of the Building Code, an auction provided for in subsection 11310 (1) of the Building Code is carried out. The Consumer Protection and Technical Regulatory Authority issues a refusal decision with respect to applications that did not meet the aspects of the assessment.

The Consumer Protection and Technical Regulatory Authority notifies the applicants who submitted an application that meets the aspects of the assessment of carrying out an auction on the basis of subsection 11310 (1) of the Building Code no later than 30 days before carrying out the auction. 

A person wishing to participate in the auction submits a written application for participation in the auction to the Consumer Protection and Technical Regulatory Authority by the deadline specified in the notice of competitive tender, which is to be submitted in Estonian or with a translation into Estonian. The application must contain the data specified in subsection 3 (2) of the regulation established by subsection 11310 (14) of the Building Code.

Applications for an auction are reviewed by the Consumer Protection and Technical Regulatory Authority within three working days. The Consumer Protection and Technical Regulatory Authority verifies the receipt of the deposit fee.

  • Carrying out auctions

Estimated time: IV quarter of 2023

The Consumer Protection and Technical Regulatory Authority carries out an auction in accordance with Regulation No. 20 “Procedure for initiating superficies licence proceedings by competitive tender” of 14 March 2023 no later than 60 days after confirming the results of the assessments and confirms the winner within three working days. 

The Consumer Protection and Technical Regulatory Authority returns the deposit fee to the participants that were not selected as the winner within 14 days after the winner of the competitive tender is selected or if the competitive tender is declared unsuccessful. The winner’s deposit is deducted from the winning bid made in the auction.

Where a competitive tender is declared unsuccessful, the Consumer Protection and Technical Regulatory Authority arranges a new competitive tender within 30 days.

  • Decisions to initiate superficies licence proceedings

Estimated time: IV quarter of 2023

The Consumer Protection and Technical Regulatory Authority makes the decision to initiate superficies licence proceedings and environmental impact assessment (EIA) and sends it to the winner of the auction no later than 90 days after the winner has been confirmed. 

After the decision on initiating superficies licence proceedings and EIA has been made, the licence proceedings are suspended and drawing up the EIA programme by the applicant together with the EIA expert group, followed by preparing studies and the EIA report continues. 

The applicant submits the EIA report to the Consumer Protection and Technical Regulatory Authority for approval as meeting the requirements. The superficies licence proceedings continue after the EIA report has been approved as meeting the requirements. The permit proceedings are concluded by a decision concerning the issuing of a superficies permit or refusal to issue a superficies permit.

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Last updated: 20.02.2026

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