On December 9, 2025, the Senate approved the Collective Heating Act (Wcw). In July 2025, the House of Representatives had already approved the WcW. This means that the WcW has now been passed. The Act is expected to come into force in phases from mid-2026.
This act replaces the current Heat Act and aims to ensure the sustainable and reliable supply of collective heat, with better protection for consumers against high energy prices, among other things. The WcW stipulates that, due to the significant public interest, more than 50% of heating companies must be owned by public authorities such as municipalities or provinces, where they are currently often private companies. The WcW also contains specific rules for small collective heating systems, landlords, owners’ associations, and heat transport managers.
Why is this important?
The Wcw is the final piece in a long legislative process. The legal frameworks for the energy transition are now formed by the WcW together with the Energy Act and the Municipal Instruments for Heat Transition Act (Wgiw). Now that the legal frameworks have been adopted, the construction of heat networks can be accelerated.
This brings with it new responsibilities and legal challenges. These include:
- the designation of heat plots for collective heating systems, whereby operating rights for new heating facilities to be constructed are granted and defined;
- setting up heat companies with a public majority interest;
- division of roles between government and private parties, and continuation of existing heat networks;
- reporting obligations and exemptions for small heating systems;
- setting up tariff structures that comply with the new legal requirements;
- decisions within owners’ associations about connecting to heat networks;
- consequences for rental agreements if the energy supply in the rented property changes;
- property law issues concerning the ownership of heat networks and mini heat networks.
Our expertise
Our firm closely monitors developments in the Wcw and related legislation. We advise governments, heating companies, homeowners’ associations, landlords, and other stakeholders. If you have any questions, we will be happy to help you identify the legal consequences and opportunities offered by the Wcw. Feel free to contact our specialists for a no-obligation introduction or an in-depth analysis of your specific situation. The Paulussen specialists who are ready to assist you are Bert Lejeune, Roel Mertens, Désirée Dexters, Bart Lenferink, Patou Courtens, Emiel de Bruijne, and Jesse Simonis.
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