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How to determine if you need an electricity generation licence from Ofgem (GB) or the Utility Regulator (NI). Covers licensing thresholds, exemptions, environmental permits, grid connections, and COMAH compliance for larger energy facilities.
Check if you need an electricity generation licence. You must have one if your capacity is 50MW or more. Smaller generators under 50MW may be exempt. Operating without a required licence can lead to unlimited fines.
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If you generate electricity in the UK, you may need a licence from the energy regulator. Operating without a required licence is a criminal offence with unlimited fines.
Most small and medium generators are exempt under the Class Exemptions Order. This guide explains:
The Electricity Act 1989 prohibits unlicensed generation. However, the Class Exemptions Order provides automatic exemptions for smaller generators.
You are exempt from licensing if:
You need a licence if:
In England, Scotland, and Wales, Ofgem is the licensing authority for electricity generation.
Licence holders must comply with Standard Licence Conditions on an ongoing basis. These include:
Breaching licence conditions can result in enforcement action with penalties up to 10% of turnover.
Northern Ireland has a separate regulatory system. The Utility Regulator (NIAUR) is the licensing authority, not Ofgem.
Key differences from Great Britain:
If you operate combustion plant (boilers, engines, turbines, CHP), you need environmental permits in addition to any generation licence.
Larger installations require more rigorous permitting as Part A(1) installations.
New electricity generating stations will need to demonstrate readiness for decarbonisation when applying for environmental permits. This includes feasibility assessments for:
Plan for this requirement if you're developing new generation capacity.
All generators connecting to the electricity network need a connection agreement. The current connections queue is severely backlogged with over 700GW of projects waiting.
From January 2025, the 'First Ready, First Connected' (TM04+) process applies to new transmission connection applications. Key points:
For smaller projects connecting via distribution networks, apply directly to your local DNO. Timelines are generally shorter but still depend on reinforcement requirements.
If your energy facility stores hazardous substances (including hydrogen for hydrogen-ready plant), you may need to comply with Control of Major Accident Hazards (COMAH) regulations.
COMAH has two tiers of regulation:
Even below COMAH thresholds, DSEAR (Dangerous Substances and Explosive Atmospheres Regulations) applies to all facilities handling flammable substances.
Calculate your declared net capacity. Under 50MW (or under 10MW for alternative exemption), you're likely exempt. Check the specific Class Exemption conditions apply to your situation.
Great Britain generators apply to Ofgem. Northern Ireland generators apply to the Utility Regulator. Different processes and forms apply.
MCP (1-50MW) or Part A(1) (50MW+) permits from Environment Agency (England), SEPA (Scotland), or NRW (Wales). Apply well before construction as permits take 3-18 months.
Apply for transmission (NESO) or distribution (DNO) connection during open application windows. Allow 1-5+ years depending on reinforcement needs.
If storing hydrogen or hazardous substances, determine your COMAH tier and notify the Competent Authority (HSE/EA or HSE/SEPA).
Submit Ofgem application with technical specifications, financial information, and evidence of ability to comply with licence conditions. Allow 3-6 months.
Once operational: Grid Code compliance, environmental permit conditions, COMAH safety management, licence reporting requirements.