What necessitated the amendment?

The installation of energy storage systems is often accompanied by the replacement of the existing inverter. Under the previous regulatory framework, however, an inverter replacement could, under certain conditions, qualify as an amendment to the contract between the user and the electricity trader. This legal qualification is significant because:

• a contractual change in itself could trigger a transfer between different settlement schemes;
• this could have resulted in the premature loss of a more favourable settlement regime;
• consequently, it could have entailed long-term disadvantages for investors.

Given that the state itself encourages users to implement such investments under the support scheme, the issue potentially affected a wide range of beneficiaries, making regulatory clarification indispensable.

What does Government Decree 28/2026 (II. 19.) change?

The decree introduces a new exemption into the Implementing Decree. Its core provision is that the replacement of an inverter shall not qualify as a contractual amendment that would justify an early change of the applicable settlement scheme, provided that the following conditions are met:

1. the inverter replacement is connected to an investment implemented within the framework of the Home Energy Storage Programme established in 2025 and announced for 2026;
2. the nominal capacity of the new inverter does not exceed the nominal capacity of the previous inverter by more than 1 kW (in the case of multiple inverters, the aggregate previous capacity shall be taken into account).

Subject to compliance with the capacity limit, an inverter with a higher number of phases may also be installed.

The rule therefore expressly applies to technically justified and limited modifications related to subsidised energy storage investments. The amendment creates a targeted exemption from the previous regulation and ensures that supported inverter replacements do not adversely affect settlement entitlements.

The decree entered into force on the third day following its promulgation, i.e. on 22 February 2026. Accordingly, the legal framework governing inverter replacements and the installation of energy storage systems is already subject to the amended provisions.

Practical considerations: what does this mean for investors and service providers?

The principal advantage of the amendment is that inverter replacement carried out in connection with the installation of subsidised energy storage systems does not automatically result in a change of the settlement method, nor does it lead to the loss of the existing settlement regime.

The regulatory position of household-sized photovoltaic systems therefore remains stable in the longer term.

Furthermore, the legislation allows for the application of technical solutions that enhance the efficient operation and proper integration of the system (e.g. a change in the number of phases).

For electricity traders and distribution system operators, the amendment provides a clear normative framework and unambiguous statutory guidance, thereby reducing the likelihood of interpretative disputes and settlement-related conflicts.

What conditions must be observed?

The application of the favourable rule is subject to strict conditions. The exemption applies only if:

1. the increase in nominal capacity does not exceed 1 kW (in the case of multiple inverters, the aggregate previous capacity is decisive);
2. the replacement is directly linked to a subsidised energy storage investment implemented under the Home Energy Storage Programme.

If these conditions are not met, the legal assessment of the inverter replacement may differ. The qualification as a contractual amendment may once again become subject to examination, and the possibility of a change in the settlement regime may arise.

Conclusion

Government Decree 28/2026 (II. 19.) introduces a targeted and practice-oriented amendment to the implementing legislation of electricity law. It eliminates legal uncertainty regarding inverter replacements related to the energy storage programme, creates a more predictable regulatory environment for residential renewable energy investments, and ensures that technically necessary modifications do not automatically result in adverse legal consequences.

The amendment is consistent with the support objectives of the programme and facilitates its smooth and predictable implementation.

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