Boyal I Wind Farm (5 MW): Authorization and Public Utility Declaration in Zaragoza and Navarra

Key data

Sistemas Energéticos Boyal, SL can start construction of the Boyal I wind farm after obtaining prior administrative authorization and administrative construction authorization through the Resolution of August 3, 2026 from the General Directorate of Energy Policy and Mines, published in the BOE on September 5, 2026.

The project does not start from scratch: it is the repowering of an existing 4.5 MW wind turbine, which increases to 5 MW of installed capacity. The processing was carried out under the simplified procedure of the Royal Decree-Law 20/2022, which allowed obtaining a favorable environmental report without the need for a complete environmental impact assessment.

What does this regulation establish?

The resolution simultaneously grants two authorizations to Sistemas Energéticos Boyal, SL:

• Prior administrative authorization: confirms the viability of the project from the energy and planning perspective.
• Administrative construction authorization: enables the effective start of the wind farm works and its evacuation infrastructure.

Furthermore, the resolution declares the public utility of the project, a legal instrument that allows the promoter to occupy the necessary land—even private land—for the installation of the wind turbine and associated evacuation infrastructure.

The authorization incorporates technical conditions from several bodies and a set of specific environmental measures on:

• Water management during construction and operation.
• Earthworks and environmental restoration.
• Wildlife protection in the area of influence of the wind turbine.

The favorable environmental report was obtained without the need for ordinary environmental impact assessment, as it was processed under the simplified procedure of RDL 20/2022, a regulation that streamlines the processing of small and medium-scale renewable projects.

Economic and operational impact

For Sistemas Energéticos Boyal, SL, this resolution removes the main administrative barrier to executing the investment. Since it is a repowering—not a new installation from scratch—the civil works costs are significantly lower than those of a new park, as it takes advantage of already existing infrastructure.

The declaration of public utility has direct economic consequences for the owners of affected land:

• It requires them to allow access and occupation of their properties for the construction and operation of the park and its evacuation infrastructure.
• It opens the process of negotiating easements or forced expropriation if there is no voluntary agreement.
• Owners have the right to economic compensation, the amount of which is determined through the expropriation procedure or by agreement with the promoter.

From an operational perspective, the promoter must comply with the technical conditions imposed by the various bodies consulted, which implies additional costs for environmental monitoring, water management and wildlife protection during the construction and operation phases.

Who does it affect?

• Sistemas Energéticos Boyal, SL: project promoter, main beneficiary of the authorization. Can start construction and has legal backing to occupy the necessary land.
• Land owners in Borja and Mallén (Zaragoza): their properties may be affected by the occupation resulting from the declaration of public utility.
• Land owners in Cortes (Navarra): same situation as above, with the particularity that the project crosses two autonomous communities.
• Construction and engineering companies: those bidding for civil works and wind turbine assembly contracts must be aware of the technical and environmental conditions imposed.
• Local electricity grid managers: affected by the evacuation infrastructure associated with the park.

Practical example

An agricultural owner in the municipality of Mallén (Zaragoza) has a plot through which the evacuation infrastructure route of the Boyal I park runs. With the declaration of public utility already published in the BOE, Sistemas Energéticos Boyal, SL can start the procedure to establish a right of way easement over that plot.

If the owner and the promoter do not reach a voluntary economic agreement, the promoter can resort to the forced expropriation procedure, in which a provincial expropriation jury will set the fair value. The owner has the right to submit their own valuation and to challenge the assessment if they do not consider it appropriate.

The owner cannot block the occupation once public utility is declared, but can defend the amount of compensation through the legal channels established.

What should companies do now?

1. Land owners in Borja, Mallén and Cortes: check if your plots are included in the perimeter affected by the declaration of public utility. Consult the full text of the resolution in the BOE to identify the specific land.
2. If your property is affected: seek specialized legal advice on expropriations and energy law before signing any agreement with the promoter. The first offer does not always reflect the real value of the easement.
3. Sistemas Energéticos Boyal, SL: initiate works contracting in compliance with the technical and environmental conditions imposed in the resolution (water management, earthworks, wildlife protection).
4. Construction companies interested: review the technical conditions of the resolution before submitting bids, as environmental and works management requirements can impact contract costs.
5. Grid managers: coordinate with the promoter on work related to evacuation infrastructure to ensure compliance with authorized timelines and technical conditions.

Official source

View complete regulation in 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-2026-18694