Introductory provisions
section 1 With district heating activities referred to in this law, the distribution of
pipes of hot water or brine for
heating, if any group within a certain geographical
area must be connected to the business.
A district heating activities also include production and
the sale of the heat is distributed in the pipelines, if
the deployment also engages in the production and
the sale of the heat.
2 for the purposes of this Act, section
agreement on district heating: agreement on the distribution by pipeline of a
heat for heating and for the sale of the
distributed heat,
district heating companies: legal person who carries out the
the district heating business,
district heating customer: the person who entered into an agreement with district heating
a district heating companies,
consumer: district heating customer who is a natural person and who
use district heat mainly outside business activities,
prima heat: heat from hot water or brine for
heating in the connection point has such a temperature
and such pressure it is possible to enter at
the supply pipe without additional heat energy or
pump energy needs to be supplied. Law (2014:444).
section 3 of that provided for in this law in the field of district heating company
shall also apply to natural persons engaged in
district heating operations.
section 4 of the terms in comparison with the provisions of this
law to the detriment of the consumer are void against him.
Price information
section 5 of The district heating companies to ensure that information about
district heating company's rates for district heating and for a
connection to the district heating business and how a price
determined are easily available for district heating customers and
General. Different rates apply to different categories of
district heating customers have the same obligation of district heating company
ask for information on the criteria for the classification of
district heating customers of different categories.
Pricing information should be accurate and clear.
The Government or the authority that the Government may
provide for the obligation to provide price information
to the public in accordance with the first and second subparagraphs.
Agreement on district heating
Duties of a district heating
paragraph 6 of The agreement on district heating shall include information on
1. district heating company's commitment to the district heating customer,
2. the price of district heating and how it is determined,
3. where district heating customer can find information about
district heating company's rates for district heating,
4. the duration of the agreement,
5. in the case of contracts that run for a certain length of time, what
concerns with respect to the renewal of the agreement,
6. measuring the amount of heat energy supplied and reporting
the measurement results to the customer and billing of the customer,
7. the agreement allows the district heating company making a unilateral
modification of the contractual terms and conditions to
district heating company to make such a change,
8. the conditions for termination of the contract,
9. district heating company's liability if it does not
comply with the agreement,
10. who is responsible for the costs of a disaster recovery
a) a connection to the district heating business,
(b)) a maintenance of the pipelines, or
c) a removal of the connection,
11. the ability to request a hearing and to apply for
mediation under this Act, and
12. when it is concluded with a consumer, how district heating company
on its website or otherwise provide the
additional consumer related information referred to in paragraph 6 (d).
Law (2014:272).
6 a of A district heating company is required to measure the amount of
supplied heating energy and its distribution over time.
If no agreement on shorter time intervals has been concluded with the
district heating customer, amount of delivered heat energy in a
district heating customer's delivery point shall be measured once per month.
Unless otherwise agreed with district heating customer will
district heating company report measurement results to the customer a
time per month.
The Government or the authority, as the Government determines
notifies the methods of measurement and reporting.
Law (2011:934).
6 b of A district heating company billing of customers should refer to
measured quantities.
Unless otherwise agreed with district heating customer billing
of the customer be at least four times per year.
The Government or the authority, as the Government determines
Announcing details of the charge.
Law (2011:934).
6 c § A district heating company may not charge any fee
to provide district heating customers invoices and
billing information about energy use. Law (2014:272).
6 d § district heating companies that conclude contracts with consumers
should provide clear information on their websites about the independent
User Advisory services where customers can get advice if available
energy efficiency measures and comparison profiles.
At the consumer's request, the information shall be provided in any other
way.
District heating companies, on or in connection with invoices to
consumers either disclose the information resulting from
the first paragraph or refer to the information available on
the website and on request be provided otherwise.
Law (2014:272).
Negotiation of contract terms for district heating
section 7 of The district heating companies should negotiate with a district heating customer
requesting negotiation of price for district heating or if
the capacity of a connection to the district heating business.
To a district heating company may have a bargaining obligation
in cases where the company made a unilateral change of contractual terms
to district heating customer's disadvantage to the provisions of article 19.
section 8 A district heating company obligation to negotiate with a
district heating customer means that district heating company
1. indicate the reasons for the contractual terms which the hearing relates,
2. provide district heating customer with sufficient information for an assessment
the fairness of the contractual term, and
3. try to get along with district heating customer if
the contractual term.
§ 9 About a negotiation does not lead to any agreement,
district heating district heating company notify the customer that
the hearing is completed, and indicate the reasons for
district heating company setting.
The notification may be made verbally at a meeting between
district heating and district heating company customer. If such an oral
notification is made shall notify the district heating company
district heating customer in writing.
Mediation
section 10 If a negotiation between a district heating company and a
district heating customer does not lead to an agreement on terms and conditions
for district heating, district heating, district heating company or customer
apply for mediation.
section 11 of the application for mediation shall be submitted to the authority
mediation under this Act. The application shall be submitted to the
authority within three weeks from the day the district heating company
under section 9 of the district heating notified the customer that the hearing
been completed.
section 12 of the applicant for mediation should at the same time as the application is
in paying a filing fee of $100. A consumer shall
instead pay 500 kronor.
paragraph 13 of the authority under this act as arbitrator, decides on the
mediation.
An application for mediation shall be granted only if the authority
considers that a mediation can lead to an agreement between the
district heating and district heating company customer.
section 14 of the application for mediation shall be rejected if
1. the applicant has not paid the application fee;
2. the application does not contain an adequate statement of the
circumstances relevant to the mediation task, despite
that the applicant submitted to the remedying of the defect, or
3. the application has been submitted late for the authority.
15 § When the authority as mediator under this law determines that
There is no more reason to continue the mediation,
authority shall terminate the mediation.
District heating and district heating company the customer shall be notified of a
decision to terminate the mediation.
section 16 of the authority as mediator under this Act shall notify the
injunctions needed mediation task.
Such an order may be subject to a penalty.
Unilateral alteration of terms to district heating customer's disadvantage
The agreement
section 17, If a district heating company of district heating has been given
the right to unilaterally amend the terms and conditions to the detriment of a
district heating customer, the provisions of §§ 18-26.
District heating company's duty to notify
section 18 if the district heating company makes a change to the terms of the agreement,
to district heating customer notified in writing the change
not later than two months prior to the date the modified terms shall begin
apply.
The notice shall set out the reasons for the change, as well as a
disclosed to district heating customers have the right to request
negotiation, apply for mediation and to terminate the agreement.
If district heating company does not comply with the provisions of the first and
second subparagraphs, the amended terms and conditions shall not apply.
Negotiation of the revised terms and conditions
section 19 of The district heating company is obliged to negotiate with a
district heating customer if a unilateral amendment of the terms and conditions to
district heating customer's detriment, if the customer requests a hearing within three
weeks from the date the customer in accordance with section 18 were informed of the
changed the terms of the agreement.
section 20 Of the district heating customer requested a hearing pursuant to section 19, but
meet no agreement between the parties, the
modified terms applicable from the day they start to start
apply, but no earlier than three weeks from the date
district heating company according to § 9 informed the district heating customer if
the hearing ended.
This does not apply in the cases referred to in section 21 or if
district heating Customer terminates this agreement in accordance with section 23.
Mediation
section 21 If a request for arbitration made under section 10 in respect of a
unilateral amendment of the terms and conditions for district heating customer's
disadvantage, but meets no agreement between
the parties, the revised terms and conditions begin to apply from the
Today they will take effect. Conditions may, however, be applied
No sooner than three weeks from the date the Agency announced the decision
to terminate the mediation or, if the application was made without approval,
No sooner than three weeks from the date of the decision.
This does not apply if district heating Customer terminates the agreement under
section 24.
Termination of the agreement for district heating
section 22 of A district heating customer has the right to terminate the agreement if
district heat for district heating customer notified under section 18 if the
changes in contract terms.
The termination shall be made to take effect no later than two months
from the day the customer was informed of the change, or the
later day following of 23 or 24.
In the case of a consumer comes to the termination shall be deemed to have
made when a notice of termination submitted for
promotion by mail or sent in any other appropriate manner.
section 23 For district heating customer requested a hearing pursuant to section 19, but
meet no agreement between the parties,
district heating customer is entitled to cancel the contract within three weeks
from the day the district heating company according to § 9 informed
district heating customer that hearing ended.
section 24 If a request for arbitration made under section 10 in respect of a
unilateral amendment of the terms and conditions for district heating customer's
disadvantage, but meets no agreement between
Parties, district heating customer is entitled to terminate the contract
three weeks from the date the Agency announced the decision to
terminate the mediation or, if the application was made without approval, last
three weeks from the date of the decision.
section 25 If a district heating customer cancels a contract under 22, 23
or section 24, agreement ceases to have effect three months from the date of
the termination.
During the period of notice, the amended contract conditions do not
applied.
section 26 of The district heating customer may terminate a contract if district heating
under section 22, 23 or 24, without the imposition of any charge, fee
or other obligation as a result of the termination.
Distribution of district heating for consumers
Interruption of distribution for breach
paragraph 27 of the Distribution of heat to a consumer must be stopped
If the consumer has neglected its obligations under the agreement
and the default is a material breach. Distribution
may, however, only be canceled if the consumer fails to comply with a
written invitation to within a specified and reasonable time meet
their obligations under the agreement.
The default is for something other than the consumer does not
paid under the contract, the written request shall contain
a notification of that distribution of district heating can
interrupted if the invitation is not complied with.
If the circumstances give grounds to fear that a break in
distribution can lead to a not insignificant personal injury or
extensive damage heat distribution may not
be discontinued. However, this does not apply if the consumer's behaviour
been unduly.
section 28 if a consumer fails to pay according to the agreement,
distribution of district heat should be discontinued if, in addition to what is stated
in paragraph 27 of the first and third subparagraphs,
1. district heating company's claim is undisputed,
2. the consumer is not followed the written invitation to pay
the claim and the consumer then served a written
reminder to pay within three weeks of the date of notification,
3. the note contained a notice stating that the distribution
of district heating can be interrupted if the debt is not paid, and
4. a statement of the contents of the reminder has been sent to
social welfare in the municipality in which the consumer is district heating
distributed.
Distribution of district heating must not be interrupted if the claim has
paid or the social welfare board within the time specified in the first
paragraph 2 has notified the district heating company that the Board pay
the claim.
section 29 Notifications and notices under section 28 shall be provided
According to the forms established by the Government or the
the Government authority determines.
section 30 of The district heating companies have the right to equitable remuneration of
a consumer for costs incurred by operations according to 27
and section 28 of the Act.
The suspension of deployment for security reasons, etc.
section 31 A district heating company may suspend the distribution of
district heating for a consumer to apply a measure
aims at
1. to avoid personal injury or major property damage,
2. extending district heating business, or
3. good distribution security.
The interruption shall not exceed what is necessary to
carry out the action.
District heating undertaking shall in due time inform the consumer about the
upcoming service interruption, if district heating company can predict that
the break will not be short-lived. The consumer shall be informed
personally or, if appropriate, by appropriation.
Liability for district heating company
32 § A district heating company to pay damages that a consumer
caused by the deployment of district heating is interrupted because
consumer negligence, unless the distribution of
district heating may be suspended under section 27 or 28.
33 § A district heating company to pay damages that a consumer
caused by the deployment of district heating is interrupted without
It depends on the consumer's neglect and without
district heating company is entitled to suspend distribution in accordance with
paragraph 31.
The same applies to the damage that a consumer is caused by
1. an interruption referred to in the first subparagraph of section 31 going on longer than
What is necessary to carry out the action, or
2. district heating company not informed the consumer pursuant to section 31 of the
the third paragraph about a coming disruption referred to in section 31 of the first
paragraph.
District heating company is not obliged to compensate a damage,
If district heating company show that the break in the distribution of
district heating is due to an impediment beyond the district heating company
control that it could not reasonably have foreseen
and whose consequences it could not reasonably have avoided
or overcome.
Interruption depends on someone as a district heating company has engaged
for maintenance, repair or similar work,
district heating company free from liability only if:
it hired would be free from liability
According to the third paragraph.
section 32 and 34 33 damages under § § includes compensation for
expenses, loss of income and loss.
35 section If the obligation to pay compensation to a consumer
According to sections 32 and 33 is an unfair burden in view of the
economic conditions in a district heating companies, may
the compensation is to be adjusted according to what is equitable.
In the assessment of damages is unfair
burdensome for district heating undertaking shall also take into account
existing insurance and insurance opportunities
conditions for district heating company to anticipate and
prevent damage and other special circumstances.
36 § right to compensation of district heating company is lost
unless the consumer informs the district heating company
the claim for compensation within three years of the injury
occurred.
Has a notice of claims for compensation submitted for
promotion by mail or sent in any other appropriate manner,
be regarded as a notification of the claim occurred when this was made.
Access to pipelines
section 37 If a district heating company receives a request for access to
the pipelines from someone wanting to sell heat to
district heating operations or use the wires for
distribution of heating, district heating company negotiate
access by the person who made the request. The obligation to negotiate
means that the district heating company will try to agree on
an entry with the one that requested it.
If an agreement cannot be struck on access,
district heating company specify the reasons for access is not permitted.
37 a of If anyone wants to sell heat to
district heating operations have requested access to pipelines
According to § 37 and a deal cannot be struck,
district heating company allow regulated access to the
the pipelines if the requested access is requesting it.
The obligation to provide a regulated access applies only
prima heating on fuel supply line and only if the establishment
to be connected is not already is or has been connected to the
input to the district heating company's pipelines.
District heating company has no obligation to provide a
regulated access if the company can show that there is a risk
for that it is suffering damage through access. If a regulated
access is not granted, the district heating company in writing
inform the person requesting access of the reason
be invoked. Law (2014:444).
37 b of A district heating company has an obligation to admit
regulated access according to section 37 shall provide the requesting
access a written contract proposal by which it shall
indicate in the paragraph and when the connection can be made and which
technical measures required for connection. The terms of the
the proposal must be reasonable.
District heating undertaking has the right to charge a reasonable fee for
to cover the costs of producing a proposal according to
the first paragraph. Before the draft agreement is developed,
district heating company of the amount of the
as requested access request it. Law (2014:444).
§ 37 c an agreement regulated access shall be valid for ten years.
The person who has requested access to pipelines must pay
the investment cost for the connection.
District heating undertaking shall receive reasonable heat
from the one who gets access to the pipelines and pay
compensation for the input heat. Compensation shall be equal to
district heating company benefit from the heat. Law (2014:444).
37 d § 37 regulated access disputes under paragraphs (a) to (c) be examined
by the supervisory authority.
A matter of obligation for a district heating company to admit
regulated access under section 37 shall not, however, necessary to consider whether
appliction to the supervisory authority not later than two years
After the district heating company sent a written
position on the requesting access under his
last known address. Law (2014:444).
Municipal district heating company
section 38 if such legal person referred to in Chapter 3.
16 (a) and 18 (b) of the local Government Act (1991:900)
district heating operations, the operations conducted on a commercial
basis. Law (2014:577).
39 § Despite the provision in Chapter 2. section 1 of the local Government Act (1991:900)
If the connection to the municipal area or its members,
a municipal undertaking referred to in Chapter 3. 16-18 of the same law
conduct the district heating business outside the municipality, if it is done in
geographical proximity to the district heating business in the municipality and
in order to achieve an efficient district heating operations.
Report of the district heating business
section 40 of The district heating companies to financial account
district heating operations, in particular by drawing up for each year
an annual report.
In accounting for district heating activities to the production of electricity
that have occurred at the same time with the production of the heat
deployed in district heating operations are considered to be included in
the business. The same applies to the sale of electricity.
The Government or the authority that the Government may
notify additional regulations on accounting for
district heating operations.
section 41 A district heating entity shall provide information on the operation and
business conditions in the district heating business. Such data
shall be provided for each coherent system of pipelines and
installations for the production of heat which is distributed in
the wires, if such production is included in
district heating operations.
If the price of district heating is the same in the different systems of
pipelines and installations for the production of heat,
However, the data relate to the overall activities of them.
The Government or the authority that the Government may
announce further provisions concerning the obligation to provide data.
42 § annual report shall be audited by an auditor.
The review shall be on the annual report prepared in accordance with
the provisions in force. The review should be as detailed and
extensive as generally accepted auditing standards require.
The auditor must provide a written opinion on the review.
The Government may provide for the review of
the annual report.
43 §/expires U: 2016-07-01/
The data on operational and commercial conditions in
district heating operations as well as a certified copy of the annual report
and the opinion of the audit of the annual report shall be submitted to
the supervisory authority. The data and documents shall have been
submitted to the supervisory authority within seven months from
the end of the financial year.
If district heating company decided on continued annual general meeting pursuant to
Chapter 7. section 14 of the Swedish companies Act (2005:551) or continued
General meeting according to Chapter 7. the third subparagraph of paragraph 4 of the law
(1987:667) on economic unions, apply instead to
the particulars and documents shall be submitted to the
the supervisory authority within nine months of the fiscal year
output.
Documents may be transmitted electronically to
the supervisory authority.
With certified copy assimilated electronic originals.
43 section/entry into force: 07/01/2016
The data on operational and commercial conditions in district heating operations as well as a certified copy of the annual report and the opinion on the review of the annual report shall be submitted to the supervisory authority. The particulars and documents shall be submitted to the supervisory authority within seven months of the financial year.
If district heating company decided on continued annual general meeting in accordance with Chapter 7. section 14 of the Swedish companies Act (2005:551) or continued general meeting according to Chapter 7. 12 section Act (1987:667) on economic unions, apply instead to the particulars and documents shall be submitted to the supervisory authority within nine months from the end of the financial year.
Documents may be transmitted electronically to the supervisory authority.
With certified copy assimilated electronic originals.
Law (2016:120).
Late payment fee
section 44 Of the annual report and the opinion on the review of
the annual report has not been submitted to the supervisory authority of the
the prescribed manner and within the prescribed period, the district heating company
pay a late fee of 10 000 kroons.
If the documents have not been submitted within two months from the
that a notice was sent to the district heating company to a
late fee has been collected, the district heating company pay
a second late fee of 10 000 kroons.
If the documents have not been submitted within two months from the
that a notice was sent to the district heating company to a
other late fee has been collected, the district heating company
pay a third late payment fee of 20 000 kroons.
45 § a late payment fee may not be charged for registration with
The Swedish companies registration office by a decision of a district heating company has
been declared bankrupt or went into liquidation.
If district heating company in receivership, this applies
only in the case of accounting for the time before
the winding-up decision.
section 46 Have district heating company in the time given in the annual report and
the opinion on the review of the annual report but have
documents any deficiency that can easily be corrected, get a
late fee will be charged only if the district heating company has
notified of the deficiency and had the opportunity to remedy it, but
not done it within the time specified in the notification.
Such notification may be sent by mail to the
postal address last notified to the district heating company
the supervisory authority.
47 § a late fee to be remitted if the failure to give
in the annual report or opinion on the review of
the annual report comes across as excusable in the light of
circumstances which could not have district heating company's control.
The late payment fee shall also be remitted if it appears
manifestly unreasonable to take it out.
Provision for remission shall be taken into account even if no claim for
remission has not been made, if the consequence of what
occurred in this case.
48 § Whether a late fee has not been paid after
demand for payment, the fee shall be paid for the collection.
Provisions on recovery of State assets Act
(1993:891) for the recovery of State assets, etc.
Upon recovery, enforcement under the enforcement code occur.
A decision concerning the late payment fee shall be enforced even if it does not
become final.
Transmittal for collection is not required if the State's claim for
the late charge is made.
49 section Of a district heating company as a result of court decisions
have the right to get back paid late fee, interest rate
paid on the refunded fee from the month
subsequent to that of the charge paid up to and including the month in which
a refund is made. In the case of rent size apply 65
Cape. the third subparagraph of paragraph 4 of the tax Procedure Act (2011:1244).
Law (2011:1423).
50 § questions about late charges assessed by
the supervisory authority.
51 § late fees to the State.
Supervision
52 section supervisor shall supervise the
district heating companies comply with 5-9, 18-21, 25-29, 31
and 37-43 sections.
The regulatory authority may inform the directions needed
compliance with the rules. Such an order may
combined with a penalty.
section 53 Supervisor has the right to request the
information and to obtain the documents necessary for
supervision. Such a request may be subject to a penalty.
Appeal
54 § decision on injunction under penalty according to section 16 of the other
subparagraph and paragraph 52, decision pursuant to § 37 d, the request
According to § 53 which have come together with a penalty and the decision on
late charge may be referred to the General
Administrative Court.
Leave to appeal is required for an appeal to the administrative court.
Other decisions under this law may not be appealed.
Law (2014:444).
Transitional provisions
2008:263
1. this law shall enter into force on 1 July 2008.
2. the provisions of §§ 17-26 apply to unilateral
changes to terms and conditions which take effect after 30
June 2008.
3. in the case of the unilateral changes to the terms
to take effect after 30 June 2008 is district heating company,
In addition to the provisions of article 19, shall be obliged to negotiate
district heating customer requests a hearing last July 22, 2008.
4. the provisions of paragraphs 27 to 31 apply to any such interruption in
the distribution that occurs after June 30, 2008.
5. the provisions of paragraph 41 apply for the first time for the
fiscal years beginning after June 30, 2008.
6. the provisions of sections 44 to 51 shall apply to annual reports and
observations on the examination of the annual reports relating to
fiscal years beginning after June 30, 2008.
2011:934
This law shall enter into force on 1 January 2012 in the case of paragraph 6 and
in General on January 1, 2015.
2011:1423
This law shall enter into force on 1 January 2012 and apply to
interest relating to the period from 1 January
2013.
