Notice On Connection, Etc. For Collective Heating Installations

Original Language Title: Bekendtgørelse om tilslutning m.v. til kollektive varmeforsyningsanlæg

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Overview (table of contents) Chapter 1 Definitions Chapter 2 Chapter 3 contributions to conditioner Connection Chapter 4 Ban Chapter 5 Message to the affected owners Chapter 6 Complaint, etc.

Chapter 7 the punishment The full text of the Ordinance for connection etc for collective heating installations

Pursuant to section 11, paragraph 2, article 12, paragraph 2, article 13, paragraph 2, section 14, paragraphs 2 and 3, § 15, § 26; 1, and section 34, paragraph 2, of the law on the heat supply of the basic regulation. lovbekendtgørelse nr. 347 of 17. May 2005, as amended by Act No. 520 of 7. June 2006 and law No. 1555 by december 21, 2010, and section 26, paragraph 4, of the law on natural gas supply, see. lovbekendtgørelse nr. 1116 of 8. November 2006, as well as negotiated with the municipal organizations shall be laid down: Chapter 1 Definitions article 1. In this notice, the term: (1) the obligation: the obligation for Connection) a property to be connected to the collective heat supply plants in the area, which, among other things. implies that the property owner shall contribute financially to the collective supply, see. § 7.

2) Forblivelsespligt: A commitment for a property that is already on the collective heat supply plants in the area, to remain connected to this, which, among other things. implies that the property owner must continue to contribute financially to the collective supply, see. § 7.

3) Collective heating plant "means a plant covered by heat supply Act § 2.

4) Supply Company: a company that operates a collective heating installations covered by heat supply Act § 2 (1) (8). 1 and 2, or a distribution company subject to section 6, no gas supply. 4.5) Existing low-energy buildings: Settlements, where it can be demonstrated that they are at the time of the application for the building permit met the at that time in accordance with applicable ordnance energy framework for energy consumption for low-energy buildings.

6) New houses being built as low-energy buildings: Settlements, where it can be demonstrated that they are at the time of the application for the building permit satisfies the energy framework for energy consumption for low-energy buildings, laid down in the building regulations.

7) building regulations: building regulations 2010 with subsequent amendments and then upcoming building codes.

8) Wood: Wood boiler with inverted incineration or automatic stoker facility which is connected to the central heating system and is not fitted with automatic ash removal. The boiler or the plant is designed for and may only be used for firing with clean wood, URf.eks. wood chips, wood pellets or wood.

Chapter 2 section 2 Connection. The Municipal Council can impose new and existing houses connection-and forblivelsespligt to a collective heating installations. A decision may not be taken until the necessary conditions are illuminated in a municipal Board approved project. The decision to be taken simultaneously with or immediately after approval of the project.

 § 3. Application for approval of project on cold cuts of connection-, forblivelses-or contributory to a collective heating installations must be made in writing and accompanied by the following information, in so far as is necessary for the Municipal Board's assessment of the application: 1) the person or persons responsible for the project.

2) Relationship to the heat schedule, including supply conditions as well as local plans.

3) timetable for the connection.

4) establishing supply areas.

5) inventory of properties, which according to the project is intended to be attached to the plant by injunction, connection-, forblivelses-or contributory to the plant.

6) Economic impact on the affected landowners, including conditions for connection and times of user connection, etc.

7) examples of user economy by connecting to the collective supply in relation to heating with heat pumps, including for different heating needs.

8) Effects of connection-or forblivelsespligt.

9) What existing settlements that cannot be imposed on connection-or forblivelsespligt.

10) Exemption.

 § 4. The Municipal Council shall ensure that landowners, who after the project is assumed to be an obligation, imposed on Mount forblivelsespligt or contributory to the facility, shall be informed in writing of the project proposal in order that any comments can be forwarded within 4 weeks.

 § 5. The municipality will send property owners, that after the project is assumed to be an obligation, imposed on Mount forblivelsespligt or contributory to the plant, written notification of approval of the project as well as the decision on the imposition of the duty, mount forblivelsespligt or contributory to the site with information on appeals and appeals deadline. The appeal period is counted from the time, which the landowner has received the municipal communication.

(2). The municipality shall forward the written notification to landowners, as soon as possible and no later than 4 weeks after the decision on the imposition of the duty, mount forblivelsespligt or contributory is taken.

 § 6. The Municipal Council can only impose a property of the connection or forblivelsespligt to a collective heating plants, provided that the utility company has committed itself to ensure the property supply option from the installation, see. However, paragraph 3.

(2). Supply option from the installation exists when the utility company has established the technical installations, etc., which must be established by the company as a prerequisite for the buildings ' connection, and the plant has the capacity to supply the property.

(3). The utility company has no obligation to secure a property supply option from the installation when it is or will be built in an area where the Municipal Board, on the basis of an approved revised project, has decided to limit the connection the obligation to plant for the new development, where the owners are not announced a decision on connecting, see. § 8.

(4). Universal natural gas companies have not universal across consumers in areas where the local authority has taken a decision in accordance with paragraph 3.

 § 7. The Municipal Board's decision to impose a duty to mount a collective property heat supply plant involves 1) to supply company from connection time, see. (3) may impose on the property owner to pay the connection fee and the taxes, which, according to the company's review of the Danish energy regulatory authority applicable to buildings connected to the plant, and 2) to the utility company can establish in § 6 (2), the said facility, etc., and plug wires.

(2). The Municipal Board's decision to impose a property forblivelsespligt to a collective heating plants means that the utility company from the connection time, see. (3) may impose on the property owner to pay the taxes, which, according to the company's review of the Danish energy regulatory authority applicable to properties which are connected to the facility.

(3). By connection time means the time when there is the possibility of supply from the plant, and for which the Municipal Council according to the rules laid down in articles 8, 10, 11 and 12 of this Ordinance has required that the property is or remain connected to this.

Particularly for connection of new houses



§ 8. New houses can be connected to a collective heating plant at the time of the entry into service of the buildings, see. However, section 17, paragraph 3. The municipality shall notify the owner of the property a decision no later than the issue of a building permit.

§ 9. There is no universal option from the collective heat supply plant at deployment time, the owner of the property may require that the utility company installs a temporary heating installations for the tenement at no additional cost to the owner.

(2). The cost of the temporary fixed establishment covered, each with half of the municipality and the utility company.

Connection time and the special rules for the imposition of forblivelsespligt



§ 10. Existing buildings may be connected to a collective heating plant with a period of 9 years, see. However, section 11, paragraph 1, article 12, paragraph 1, article 15, paragraph 1, and article 17, paragraphs 1 and 2. The closing date is counted from the time when the Municipal Council has made a decision to mount a duty, see. However, section 14, paragraph 1.

 § 11. A decision forblivelsespligt shall take effect from the date on which the Municipal Council has taken a decision on forblivelsespligt.

(2). When the Municipal Council has posted a project on imposition of forblivelsespligt in the consultation, the termination of an existing heat supply agreement with the utility company will not take effect before the Municipal Council has taken a decision on the project. Denunciation will take effect no later than 12 months after the project is sent for consultation.

Replacement of essential heating installations in properties that are imposed on the connectivity obligation



§ 12. The Municipal Council may decide that the properties that are imposed on the connectivity obligation, must be connected to the plant at the time of the major heating installations in the property must be replaced when the replacement is made before the expiry of the period referred to in section 10 for connection.

(2). The Municipal Council can take a decision in accordance with paragraph 1 when 1) supply option from the installation or 2) the Municipal Council may refer the owner to temporarily use a specified heat installation until there is supply option from the installation.

(3). Property owner has a duty to notify the replacement of essential heating installations to the municipality, when the Municipal Council has taken a decision under paragraph 1, without prejudice to article. However, section 14, paragraph 2.

 § 13. The Municipal Board's decision pursuant to section 12, paragraph 1, shall be communicated to the property owner as soon as possible.
(2). The message contains details of the notification referred to in article 12, paragraph 3, and the manner in which the owner must behave, if essential heating installations to be replaced.

 § 14. If the local authority has not taken a decision, as referred to in article 12, paragraph 1, and major heating installations must be replaced in a property, the owner may review the replacement to the municipality, and require that the deadline for the connection under section 10 shall be counted from the time of notification. The deadline for the connection under section 10 shall be counted from the time of notification, when this is required.

(2). A decision under section 12, paragraph 1, shall not apply for a property whose owner has sent the municipality a notification in accordance with paragraph 1 with the requirement that the time limit for connection obligation is calculated from the time of notification, provided that the municipality has received this notification, before the decision under section 12 (1) is communicated to the owner.

Houses that are not connected may be required



§ 15. The following categories of existing settlement cannot be imposed connection duty: 1) Buildings, where conversion to collective heat supply due to necessary major structural changes after the installation or the Municipal Board's estimates will be disproportionately costly.

2.) buildings that are decorated with a renewable energy installations such as solar heating, heat pumps, wind turbines, biogas plants, hydrogen plants, composting plants, hydroelectric power, wood-fired boiler or halmfyr, and where the plant – or the installations together – after the Municipal Board's estimates have a capacity, which can cover more than half of the building's energy consumption for heating and supply of hot water.

3) Buildings, where the waste heat from the production company after the Municipal Board's estimate covering more than half of the building's energy consumption for heating and supply of hot water.

4) Buildings, which expected demolished within a shorter number of years.

5) Buildings that are not meant to be constantly heated in the heating season.

6 Existing low-energy buildings, see). § 1, nr. 5. the provisions of paragraph 2. The following categories of existing settlement cannot be imposed on forblivelsespligt: 1) buildings that are decorated with a renewable energy installations such as solar heating, heat pumps, wind turbines, biogas plants, hydrogen plants, composting plants, hydroelectric power, wood-fired boiler or halmfyr, and where the plant – or the installations together – after the Municipal Board's estimates have a capacity, which can cover more than half of the building's energy consumption for heating and supply of hot water.

2.) Buildings, where the waste heat from the production company after the Municipal Board's estimate covering more than half of the building's energy consumption for heating and supply of hot water.

3) Buildings that are not meant to be constantly heated in the heating season.

4 Existing low-energy buildings, see). § 1, nr. 5. § 16. Owners of properties that are imposed on the connection or forblivelsespligt to a collective heating installations, cannot later claim it shall be exempt from the obligation to apply having regard to the provisions of § 15 of the basic regulation. However, section 17 (1).

A derogation



§ 17. The Municipal Council may in special cases upon application decide that existing settlements imposed on Mount forblivelsespligt, must be relieved of duty or obligation, as well as in specific cases may be granted an extension of the time limit, see connection. § 10.

(2). The local authority provides, under the condition that the relevant property is a enfamiliesejendom, request a derogation from the obligation of connection to a person who: 1) is without prejudice to the time of the retiree on the connection. § 7 (3), 2) have been owner or co-owner of the property in question since the time when the Municipal Council decided on Mount duty, and 3) have had their permanent residence on the property in question since the time when the Municipal Council decided on Mount duty.

(3). The Municipal Council shall notify a derogation from the obligation of connection and forblivelsespligt of new houses being built as low-energy buildings, see. § 1, nr. 6. A derogation shall be notified to the owner of the property no later than by the issue of a building permit.

(4). The municipality shall notify the utility company for information concerning the derogations to be made under this provision.

Chapter 3 contributions to conditioner § 18. The Municipal Council may decide that the owners of properties, which can be connected to a collective heating systems shall pay a one-time contribution to the plant. A decision may not be taken until the necessary conditions are illuminated in an approved project. The decision thereon to be taken simultaneously with or immediately after approval of the project, see. also section 20.

(2). The contribution that can be charged when there is the possibility of supply from the plant may not exceed half of the connection fee, which is valid for connecting to the installation, see. § 7 (1) (8). 1. The provisions of paragraph 3. If later charged connection fee from the property, contributions collected in accordance with paragraph 1 shall be deducted.

(4). Owners of properties that are imposed on forblivelsespligt, can not be required to pay contributions to the facility in accordance with paragraph 1.

Chapter 4 Ban § 19. If the local authority considers that it is necessary for the implementation of heat supply planning after heat supply Act Chapter 2, the Municipal Council may decide that the specified heating systems must not be established in existing or new houses within a defined geographical area referred to in article 6. However, paragraph 3.

(2). To the extent that climate and energy have announced cold cuts after heat supply Act section 14, paragraph 2, it shall take a municipal councillor at the same time as the project approval decision, that they referred to heating systems must not be established in existing ellerny hamlet in the area concerned.

(3). Ban cannot be cut against the establishment of plants, as referred to in section 15 (1) (8). 2 and 3, as well as against the establishment of elopvarmning in existing low-energy buildings, see. § 1, nr. 5. Ban does not include buildings mentioned in section 15 (1) (8). 5. the provisions of paragraph 4. The Municipal Council may, on application, grant a derogation from the ban. The Municipal Council shall notify a derogation for new houses being built as low-energy buildings, see. § 1, nr. 6, from ban, which the Municipal Council has closed down against the establishment of elopvarmning.

(5). The Municipal Council cannot by virtue of Energy Ministry's letter of 6. May 1994 concerning the prohibition after heat supply act against the establishment of elopvarmning in existing and new buildings located in the collective supply areas shut down the prohibition of establishment of elopvarmning for existing low-energy buildings, see. § 1, nr. 5. (6). The Municipal Council shall notify a derogation for new houses being built as low-energy buildings, see. § 1, nr. 6, from ban, which the Municipal Council has closed down against the establishment of the elopvarmning pursuant to the Energy Ministry's letter of 6. May 1994 concerning the prohibition after heat supply act against the establishment of elopvarmning in existing and new buildings located in the collective supply areas.

(7). The Municipal Board's decision pursuant to paragraph 1, 2, 4 and 6 shall be notified to the property owner as soon as possible and at the latest by the issuance of a building permit.

Chapter 5 notice to the affected owners section 20. Municipal Board's decisions in accordance with the provisions of the Executive order on Chapter 2, 3 and 4 shall be communicated in writing to the owner of that property. The decision in accordance with articles 8, 10 and 11 shall be notified at the same time as the notice of approval of the project that sheds light on the conditions for the decision.

(2). The owner has a duty to inform potential tenants about notice in accordance with paragraph 1.

(3). The municipality's communication in accordance with paragraph 1 shall contain information on appeals and appeals deadline, as well as on the legal effects, etc. of Municipal Board's decision.

Publication of Municipal Board's decisions



§ 21. The local authority which give rise to the fact that a decision that a property is entrusted to the connecting service or forblivelsespligt be registered on the property.

(2). The Municipal Council shall transmit information about connectivity obligation, forblivelsespligt and ban, see. section 19, to register digitally at PlanSystemDK, see. § 1 in Circular No. 68 of 6. September 2006. The reporting is done in accordance with the data model PlanDK3 for collective heating supply, located at the internet address www.plansystem.dk.

Chapter 6 Complaint, etc.

  § 22. Energy complaints board deals with complaints against decisions taken pursuant to this Ordinance.

(2). The appeal must be lodged in writing to the Energy complaints board within 4 weeks after the decision is announced. Energy complaints board will inform the municipality about the complaint in question. Orientation, including sending a copy of the complaint, it shall, as soon as possible and no later than 7 days after the complaint is received.

(3). Energy complaints Board's decisions cannot be brought before another administrative authority.

(4). Energy complaints board may determine that a complaint shall have suspensive effect, if the purpose of the complaint is otherwise dismissed.

(5). Action against decisions made by the complaints board after the publication, Energy must be brought within 6 months after the decision is announced. The decision is publicly announced, however, always from the notice period shall be counted.

Chapter 7 section 23 with a fine Penalty punished anyone who fails to comply with an order made pursuant to section § 2 and 18, a prohibition under section 19 or override the notification requirement under section 12, paragraph 3, and the obligation referred to in article 20, paragraph 2.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Date of entry into force of



§ 24. The notice shall enter into force on the 1. July 2011, see. However, paragraph 2.

(2). Article 21, paragraph 2, shall enter into force on the 1. January 2012.

(3). Executive Order No. 31 of 29. January 2008 for connection etc for collective heating supply installations shall be repealed, without prejudice to article. However, paragraph 4.

(4). When the municipality has received a project that sheds light on the conditions of the notice about the connection service, forblivelsespligt or contributory, before the entry into force of this order, the completion of the proceedings, including possibly. cold cuts with connection obligation, forblivelsespligt and contributory as well as complaints according to the rules laid down in the notice referred to in paragraph 3.

The Danish Energy Authority, the 21. June 2011 Ib Larsen/Flemming g. Nielsen