The German Offshore Wind Energy Act (WindSeeG) forms the central legal framework for the expansion of offshore wind energy in Germany. It governs spatial planning and preliminary site surveys, the tendering of sites, and the authorisation, construction and operation of offshore wind turbines and their grid connections. The statutory expansion targets are ambitious: the installed capacity of offshore wind power is set to rise to at least 30 gigawatts by 2030, at least 40 gigawatts by 2035 and at least 70 gigawatts by 2045. In this context, the expansion of offshore wind farms and the necessary offshore transmission lines must be synchronised.
At the same time, the WindSeeG is set to undergo a fundamental reform. In August 2026, the Federal Ministry for Economic Affairs and Energy presented a draft bill aimed at optimising and safeguarding the expansion of offshore wind energy. In particular, a new two-stage tendering model is envisaged: the market mechanism is to take precedence in principle, whilst at the same time investments are to be safeguarded where project risks are too high. The reform is also intended to reduce system costs through better coordination of offshore wind energy and grid connection, to implement the requirements of the European Net-Zero Industry Act, and to enable combined plant concepts in which offshore wind energy can be connected both to the electricity grid and, in the future, to a hydrogen infrastructure. The draft is still going through the legislative process and may therefore be subject to change.
For project developers, energy suppliers, investors and operators, legal advice on the WindSeeG must take into account the entire regulatory chain of an offshore project. The area development plan determines, amongst other things, which areas and sites are earmarked for offshore wind energy, when these will be put out to tender and how their grid connection is to be arranged. Building on this, the WindSeeG regulates the tendering procedures and links the award of a contract to extensive implementation and project obligations. Changes to the tender design can therefore have a direct impact on project valuation, financing and investment decisions.
The lawyers at GvW advise on theWindSeeG and the expansion of offshore wind energy. Our legal advice supports offshore projects from site planning and tendering, through project development and authorisation, to implementation and grid connection. In doing so, we take into account the interfaces with the EEG, energy sector law, planning and environmental law, as well as the requirements of European law. With regard to the current WindSeeG reform, we also support companies in assessing the implications of the new tendering and funding framework for existing and planned projects at an early stage.
Legal advice on the German WindSeeG and the current WindSeeG amendment
Legal support for projects aimed at expanding offshore wind energy in Germany
Advice on the area development plan and on the designation and development of offshore areas
Support with tenders for areas subject to centralised and non-centralised preliminary assessment
Review of german tender conditions, bids, award criteria and implementation obligations
Advice on the future german tender and subsidy framework for offshore wind energy
Legal support for planning and german authorisation procedures for offshore wind farms
Advice on the synchronisation of offshore wind farms and offshore grid connections
Advice on the requirements of the EU Net-Zero Industry Act and their implementation in the WindSeeG
Support in dealings with the Federal Network Agency, the Federal Maritime and Hydrographic Agency and other relevant authorities
The WindSeeG governs key stages of offshore expansion in Germany: from government spatial planning and preliminary surveys, through the tendering process, to the authorisation, construction and operation of offshore wind turbines and offshore connection cables. For project developers and investors, the Act thus sets out key requirements for access to offshore areas and the development of new wind farms.
Under the WindSeeG, the installed capacity of grid-connected offshore wind energy is set to rise to at least 30 gigawatts by 2030, 40 gigawatts by 2035 and 70 gigawatts by 2045. The expansion of offshore wind energy must be coordinated with the necessary grid capacity and offshore interconnectors. Under the Act, the construction and operation of offshore wind turbines and offshore interconnectors are in the overriding public interest and serve public health and safety.
The WindSeeG provides for competitive tendering procedures and distinguishes, in particular, between sites subject to centralised preliminary assessment and those not subject to such assessment. Which sites are put out to tender and when is largely determined by the site development plan. For companies, in addition to the tender itself, the relevant tender conditions, award criteria, security deposits and the implementation obligations associated with a successful bid are crucial.
The draft bill of August 2026 provides for an adjustment to the investment framework and the tender design. A two-stage model is planned, designed to combine market-based allocation with investment safeguards. Furthermore, the aim is, amongst other things, to reduce system costs, implement the resilience requirements of the Net-Zero Industry Act and facilitate new concepts for combined electricity and hydrogen connections. As this is currently only a draft bill, offshore projects should closely monitor the further legislative process.
The Area Development Plan (FEP) is a key planning tool for the expansion of offshore wind energy. Among other things, it specifies areas and sites, the chronological sequence of tenders and key aspects of grid connection. For project developers, the FEP therefore has a direct impact on when and under what infrastructure conditions an area can be developed. The legal assessment of the FEP and its updates is therefore an essential part of the strategic planning of offshore wind energy projects.
