The directions of the EU climate policy force the development of energy based on renewable sources. The answer to the challenges of reducing fossil fuels is distributed energy. The aim of the article is to answer three key questions: Does the current legal status create sufficient conditions for the development of distributed energy in Poland? Are there any barriers limiting the development of distributed energy? Is the form of an energy cooperative and cluster adequate for the development of distributed energy? The starting point was a critical analysis of legal acts and literature on the subject. The obtained results were compared with interviews conducted in energy cooperatives and surveys conducted in Lower Silesian communes. The analysis showed that there are still barriers limiting the development of distributed energy. The study formulates de lege ferenda conclusions indicating the desired directions of changes aimed at the development of distributed energy in Poland.