133 MW solar plant authorized in Cádiz: key insights for landowners and energy sector

Key data

Landowners in Puerto Real and Jerez de la Frontera located within the PSF Puerto Real solar park layout must act now: the resolution published on September 14, 2026 in the BOE grants Fénix Renovable, SL administrative and construction authorization, and declares the public utility of the project, which opens the door to forced expropriation of affected land.

This resolution is not entirely new. The Madrid Superior Court of Justice, through Judgment 5129/2024, annulled the previous authorizations granted in 2019 due to lack of justification regarding the identity of the project originally requested in 2013 and in 2014-2015. The Administration has reversed the proceedings, remedied the formal defects detected by the Court and issued this new resolution that replaces the annulled ones.

What does this regulation establish?

The resolution simultaneously grants two authorizations and one declaration:

• Administrative authorization: recognizes the right of Fénix Renovable, SL to develop the PSF Puerto Real project.
• Construction authorization: enables the start of works for the photovoltaic installation, the 220/20 kV substation and the 220 kV overhead evacuation line.
• Public utility declaration: allows the developer to request forced expropriation of necessary land that could not be acquired through voluntary agreement.

The project passed multiple rounds of consultations with environmental agencies, municipalities of Puerto Real and Jerez de la Frontera, and grid operators, with none of them presenting decisive opposition.

Regarding previous regulations: the 2019 authorizations that are now being replaced were annulled by the Madrid Superior Court of Justice (Judgment 5129/2024) when it detected lack of justification regarding project identity. The new resolution corrects that formal defect and restores the legal validity of the proceedings from the point where it was reversed.

Economic and operational impact

For Fénix Renovable, SL, this resolution unlocks a project that has been stalled since 2024 due to the Court judgment. The company can now initiate the construction phase, contract civil works, access project financing and activate power purchase agreements (PPAs) that it may have signed or in negotiation.

For landowners within the project perimeter, the impact is direct and immediate:

• The public utility declaration makes affected land subject to forced expropriation.
• Landowners have the right to compensation, but lose the ability to block the project by refusing to sell.
• The expropriation procedure involves expert valuation, possible amicable agreement or determination of fair value by the Provincial Expropriation Board.

For the energy sector and installation companies in the area, the authorization generates an opportunity for contracting in civil works, panel installation, assembly of the 220/20 kV substation and laying of the 220 kV overhead evacuation line.

Who is affected?

• Fénix Renovable, SL: developer holding the authorization; can initiate construction and activate the expropriation process.
• Landowners in Puerto Real and Jerez de la Frontera within the project perimeter: subject to possible forced expropriation.
• Municipalities of Puerto Real and Jerez de la Frontera: must coordinate urban planning licenses and management of affected territory.
• Installation companies and civil works contractors in Cádiz and Andalusia: opportunity for bidding on the construction of the park and its infrastructure.
• Electrical grid operators in the area: integration of an additional 133.57 MW into the 220 kV network.
• Competitors in the photovoltaic sector: legal precedent reference on remedying formal defects after annulment judgment.

Practical example

A farmer who owns a 10-hectare plot in the municipality of Puerto Real receives notification that his parcel is included in the PSF Puerto Real project perimeter. Until now, he could refuse to sell and the project would be blocked. With the public utility declaration in effect since September 14, 2026, Fénix Renovable, SL can initiate the forced expropriation proceedings: a negotiation period opens for amicable agreement on fair value and, if no agreement is reached, the Provincial Expropriation Board of Cádiz sets the compensation. The owner has the right to receive that compensation, but cannot prevent the transfer of the land once public utility is declared.

This same scenario applies to any owner—individual or legal entity—whose properties are within the layout of the photovoltaic installation, substation or overhead evacuation line in Puerto Real or Jerez de la Frontera.

What should companies do now?

1. Affected landowners: verify whether their plots are included in the project perimeter by consulting the proceedings at the General Directorate of Energy Policy and Mines or at the municipalities of Puerto Real and Jerez de la Frontera. The sooner the impact is identified, the more room there is to negotiate fair value.
2. Owners receiving expropriation notice: hire specialized legal advice on forced expropriation before responding to any offer from the developer. The initial fair value is usually negotiable.
3. Fénix Renovable, SL and its legal team: activate the public information procedure for the list of affected assets and rights, a mandatory prior step to formally initiating the expropriation proceedings.
4. Installation companies and contractors: contact Fénix Renovable, SL to learn about the construction works bidding schedule for the park, the 220/20 kV substation and the 220 kV evacuation line.
5. Competitors with photovoltaic projects stalled by similar judgments: analyze the precedent of this resolution as a model for remedying formal defects after judicial annulment, especially regarding justification of project identity.

Official source

Consult complete regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-19187