Energy storage in Spain

Energy storage in Spain

Current regulatory developments

Updated September 2026

Current Regulations Icon

Grid access overhaul: RDL 7/2026 introduces flexible access permits for storage as demand; amendment to RD 1183/2020 enables storage capacity reservation in contest/just-transition nodes

Current Regulations Icon

Transmission / distribution charge exemption now conditional on adopting flexible access permits under RDL 7/2026; failure to adapt within three months bars exemption under RD 148/2021

Current Regulations Icon

New Capacity Market: On 17 September 2026, Spain has established a capacity market for peninsular electricity system in Order TED/966/2026, following European Commission approval on 29 May 2026

Current Regulations Icon

PERTE - ERHA subsidy framework expanded: EC-approved €700 M FEDER scheme for large-scale storage

Current Regulations Icon

PNIEC objectives for storage remain (22.5 GW storage target by 2030)

Five things to know about BESS in Spain.

Battery Icon

Energy storage can be: (i) auxiliary installation hybridizing another installation (solar PV, wind, CSP) or (ii) an independent energy installation (stand-alone) using the same authorization framework as generation, including environmental impact.

Revenue combines balancing services and wholesale markets, with exemptions from grid charges. Sources include automatic Frequency Restoration Reserve (aFRR), Replacement Reserves Platform, and wholesale market participation (day-ahead and intraday trading). Energy storage batteries connected to transmission and distribution are exempt from charges or tolls, providing a meaningful economic advantage – note need to adapt to flexible access permits.

Up Down Icon

Order TED/966/2026 is a landmark for the BESS sector in Spain. Capacity market and future tenders will complete the stack revenue of BESS projects and facilitate financing of projects in Spain.

Power Grid Icon

Main features of the new capacity market are, in a nutshell: Loss of Load Expectation (LOLE) reliability standard of 1.5 hours; sealed-bid, pay-as-bid auctions of reliability options, main auctions five years ahead of delivery, adjustment auctions one year ahead of delivery, and transitional auctions during ramp-up phase; service periods of up to 15 years; broader eligible participants – production and storage aggregators added; robust verification regime with escalating penalties; dual economic guarantee regime imposed, during the period from auction to start of service, and during service itself.

The technology is penetrating steadily and the market is developing in Spain, with increasing business cases, although still beyond the UK or Italy in terms of maturity. Actual, or potential for, hybridization is becoming a must for the acquisition and bankability of “conventional” renewable assets.

Credentials

Return Energy, as a developer, in the drafting and negotiation of BOP and LTSA contracts for a BESS plant of 40MW located in Vizcaya

International IPP on the review and improvement of its supply, BOP and LTSA agreements for BESS

an investor on a tolling agreement

Green Fractal Background
Eversheds Sutherland recognized as one of the 10 most prestigious legal brands in Spain and Portugal according to the annual "Best Law Firm Brands" ranking by Iberian Lawyer.

Explore other key BESS markets


UK

Germany

Netherlands

Ireland

Finland

Hungary

Italy

Poland

Portugal

Romania

Spain

Sweden

US

Chile

UAE

China

© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.

Connect with us

linkedin logo
facebook icon
youtube icon