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BOE-A-2026-11850 ·3 June 2026 ·Royal Decree Medium impact
Tax

State Administration must annul Royal Decree 662/2024 for violating Hydraulic Public Domain Regulations

The Supreme Court has declared Royal Decree 662/2024 null and void for violating the Hydraulic Public Domain Regulations approved by Royal Decree 849/1986, specifically section 6 bis of chapter III of title II. This ruling annuls the regulatory framework established for floating photovoltaic plants in reservoirs within the hydraulic public domain. This change directly affects solar energy production initiatives in reservoirs managed by the State Administration.

In 2 key points

  1. Royal Decree 662/2024 is declared null and void for violating the Hydraulic Public Domain Regulations (sentencia de 29 de abril de 2026)
  2. Section 6 bis of chapter III of title II of the Hydraulic Public Domain Regulations is declared void (sentencia de 29 de abril de 2026)

How it affects those involved

Companies and authorities developing floating photovoltaic plant projects in hydraulic public domain reservoirs must review their plans, as Royal Decree 662/2024 is now void. Affected administrations must proceed to review the applicable legal framework and restructure their authorisations. Energy advisors must update their recommendations and avoid citing Royal Decree 662/2024 as a valid legal basis.

Lifecycle

2026-06-03PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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