Energy regulation
Our expertise
PwC Legal has extensive expertise in the field of regulation and more particular energy regulation. We advise energy companies (suppliers, producers, networking companies, public authorities (state, provinces and municipalities) and civil society organizations on main aspects of regulations.
Within the energy transition the regulation is changing rapidly, partly driven by Europe. The energy sector is of strategic importance even within a global context. Europe is becoming increasingly energy independent. For businesses it will increasingly be important to be in control of the energy cost and businesses need to know how to make choices given grid congestion. To set up energy projects, including investments in the grid, it will be important to manage permitting. The Dutch regulatory landscape is changing with the Energy Act (2026), the Heat Act and the forthcoming Collective Heat Act.
Examples of what we can do for you
- Energy Act and Collective Heat Act
- Permitting under the Environment and Planning Act
- Subsidy Granting and State Aid
Energy Act and Collective Heat Act
Starting from 2026 there will be a new Energy Act providing the legal basis within the energy transition. Also the energy regulator (ACM) is regularly publishing new forms regulation, for example on net congestion.
The heat market is on the eve of a profound transformation. The current Heat Act is being replaced by the Collective Heat Act (Wcw), which aims to accelerate the roll-out of heat networks and strengthen the position of municipalities as heat coordinators. The Act introduces a public majority interest in heat networks and a new tariff and regulatory regime.
PwC Legal advises energy (suppliers, producers), heat companies, municipalities, housing corporations, network operators and other stakeholders on the legal aspects of the energy and heat transition:
- Navigating the Energy Act and ACM-regulation – advise on the consequences of the Energy Act and the ACM-regulation.
- Transition to the Collective Heat Act – Advice on the consequences of the new Act for existing heat networks, concessions and partnerships
- Public-private partnerships and financing – Structuring partnerships between municipalities and private companies within the framework of the Wcw or the Energy Act
- Tariff regulation and rate-of-return supervision – Advice on the new regulatory regime under ACM supervision
- Connection and supply obligations – Advice on the rights and obligations on access to the grid (including solution for the congestion problems).
- Disputes and proceedings – Assistance in disputes between heat suppliers, consumers and regulators
The energy and heat transition require close cooperation between public and private parties. PwC Legal provides legal guidance that does justice to the commercial and societal interests of all parties involved.
Permitting under the Environment and Planning Act
With the entry into force of the Environment and Planning Act, the system of permitting for construction, environmental and spatial activities has been fundamentally changed. The Act consolidates 26 laws and introduces new instruments such as the environmental vision, the environmental plan and the environmental permit for environmental plan activities.
PwC Legal advises businesses and public authorities on all aspects of permitting under the Environment and Planning Act:
- Strategic permit planning – Mapping required permits and optimising the application strategy
- Environmental permits – Guidance on applications for construction, environmental, nature and water activities, including coordination of multiple applications
- Tailored requirements and permit conditions – Negotiation on and advice regarding challenging onerous conditions
- Accelerated procedures – Advice on options under the regular preparatory procedure and obtaining timely decision-making
- Enforcement and tolerance declarations – Assistance in enforcement proceedings, orders subject to penalty payments and administrative enforcement, and advice on legalisation options
Permitting practice is increasingly influenced by cross-sectoral issues such as nitrogen, water quality and grid congestion. PwC Legal offers an integrated approach in which all relevant legal aspects are considered in conjunction.
Subsidy Granting and State Aid
Public authorities make substantial subsidy funds available to achieve societal objectives, from decarbonisation and innovation to regional economic development. At the same time, strict legal frameworks apply to the granting and accountability of subsidies, both at national level (General Administrative Law Act, Framework Act for EZK and LNV Subsidies) and at European level (State aid law).
PwC Legal advises both subsidy applicants and subsidy providers:
For businesses and institutions:
- Subsidy applications – Guidance on submitting applications under schemes such as SDE++, ISDE, National Growth Fund, ERDF and Horizon Europe
- Subsidy conditions and obligations – Advice on compliance with subsidy obligations and preventing recovery risks
- Objection and appeal – Representation in disputes concerning subsidy granting, determination or recovery
For public authorities:
- Design of subsidy schemes – Advice on the design of subsidy instruments within the frameworks of the General Administrative Law Act and State aid law
- State aid assessment – Assessment of proposed aid measures against European State aid rules and guidance on notification procedures
- Recovery procedures – Advice and assistance in recovering unlawfully granted subsidies or State aid
The increasing scale of subsidy programmes in the context of the energy transition and climate policy makes sound legal guidance indispensable. PwC Legal helps clients to make optimal use of subsidy opportunities and manage legal risks.
Our approach
PwC Legal combines in-depth knowledge of energy regulation and insight knowledge on the way of working of the regulator. We understand the interest of governments, companies and the regulator. Whether it concerns a permit for an industrial installation, the roll-out of a grid or a heat network or obtaining a subsidy for an energy project – timely and expert legal guidance makes the difference.
The current transition challenges make it more difficult to make the right tactical and strategic choices. PwC Legal identifies developments early and translates them into concrete action perspectives for our clients. Thanks to multidisciplinary collaboration within PwC, we can connect legal advice with tax, financial and strategic expertise.
Please feel free to contact us for an initial conversation.
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Contact us
Contact us
Renske Mackor
Director - Legal / Sustainability & Resilience, PwC Netherlands
Tel: +31 (0)64 244 98 52