Introduction
The Netherlands is committed to becoming climate neutral by 2050. Part of this goal is to make the built environment more sustainable. This sustainability is being achieved, among other things, at the level of heat supply in the built environment. In the coming years, a transition will therefore have to take place in which the use of natural gas is replaced by sustainable alternatives. To support this heat transition, the existing rules on collective heat supply have been reviewed in recent years. This has resulted in, among other things, the Collective Heat Act (Wcw). This act is currently expected to come into force (in phases) from mid-2026. We have previously written a report on the Wcw.
The text of the Wcw regularly refers to further rules that will be laid down by or pursuant to an order in council. The Bcw will flesh this out. A draft of the Bcw is currently going through the legislative process. Following an internet consultation, a new version of the Bcw was published on January 23, 2026.
The Wcw and the Bcw complement each other. In certain cases, a complete picture of the rules on the heat transition can only be obtained when both the Act and the Decree are considered together.
We will mention two notable examples.
Firstly, the Wcw contains a provision stipulating that the size of a heat plot must be such that it leads to an efficient heat transition in the municipality. The Wcw leaves open what is considered efficient in this context. The draft Bcw does, however, provide more specific details on this point. If the municipal executive establishes a heat plot with a maximum of 1,500 connections, it must justify why this limited size is necessary for an efficient heat transition. We conclude from this that collective heating systems with more than 1,500 connections are, in principle, considered conducive to an efficient heat transition. On the other hand, according to the Wcw/Bcw system, small collective heating systems (1,500 connections or less) are in principle not conducive to an efficient heat transition. However, it is possible to substantiate the contrary, so customization remains possible. In the explanatory notes to the Bcw, this possibility for customization is considered relevant for smaller villages and centers, as well as more remote areas in cities.
Secondly, the Wcw provides a basis for setting a standard for the maximum CO2 emissions resulting from heat supply via heat networks. The idea behind such a standard is that heat networks will only really contribute to a climate-neutral Netherlands in 2050 if they are established on the basis of activities with the lowest possible CO2 emissions. The standard is specified in the Bcw. In short, the standard comprises the maximum CO2 emissions (in kilograms) per unit of heat supplied in gigajoules. The standard will apply from 2030 and will become stricter each year until it reaches zero in 2050. Please note: the Wcw stipulates that failure to comply with the standard may ultimately result in the municipal executive revoking the designation of the heating company that supplies heat to the plot in question.
Our expertise
The Bcw implements the rules of the Wcw in many more areas. We are happy to advise you on this. Our firm closely follows developments in the Wcw and related legislation. We advise governments, heating companies, owners’ 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, Bart Lenferink, Patou Courtens, Emiel de Bruijne, and Jesse Simonis.
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