Administrative Law

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.

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 heat companies, municipalities, housing corporations, network operators and other stakeholders on the legal aspects of the heat transition:

• Transition to the Collective Heat Act – Advice on the consequences of the new Act for existing heat networks, concessions and partnerships
• Public-private partnerships – Structuring partnerships between municipalities and private heat companies within the framework of the Wcw
• 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 of heat suppliers and consumers
• Procurement and concession granting – Guidance on the selection of heat companies and the design of concession agreements
• Disputes and proceedings – Assistance in disputes between heat suppliers, consumers and regulators

The heat transition requires 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.

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.