Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Heat supply license
A person receives the right to conduct economic activity in the field of thermal energy on the basis of an official permit. The supply of thermal energy should be understood as purchasing from producers, transporting it through networks, selling it directly to end consumers, and accounting for energy consumed. This article will outline the basic rules for obtaining a license for the supply of thermal energy.
Who can obtain a license for the supply of thermal energy?
Legal entities and individual entrepreneurs who:
- are registered in Ukraine in accordance with current legislation and officially conduct business under KVED 35.12, 35.13, respectively;
- have purchase and sale agreements and agreements for the transportation of thermal energy through main and local heating networks with companies that have the appropriate licenses for the production and transportation of thermal energy;
- have individual heating points and metering devices on the basis of ownership or lease;
- have ensured the availability of control and measuring instruments (for quality control) with verification certificates for conducting business;
- have registered the right of ownership and use of the building where consumer services are provided;
- have ensured the functioning of their own website with the necessary contact information;
- are also ready to assume obligations regarding the implementation of the tasks of state energy efficiency programs.
Procedure for obtaining a license for the supply of thermal energy
Who to contact?
The body authorized to issue a license is the National Commission for State Regulation in the Spheres of Energy and Utilities (NKREKP), but only under the conditions that the business entity plans to conclude contracts for the supply of thermal energy in which the declared volume of supply exceeds 145 thousand Gcal per year. In other cases, the authorized licensing bodies will be state administrations.
What documents are needed?
A potential licensee must go through the established procedure, which includes submitting the necessary package of documents:
- first, an application for a license in the form approved by the License Terms;
- second, information about the means of activity (equipment for heat metering, control and measuring devices, etc.);
- third, information about the place of activity and its accessibility for low-mobility groups of the population;
- fourth, title documents for equipment, buildings, contracts with other companies engaged in the production and transportation of heat energy;
- fifth, a receipt for payment of the mandatory state duty;
- finally, a description of the submitted documents.
At the request of the licensing authority, additional documents may be required for verification. We advise you to seek legal advice from the specialists of our law firm for additional clarifications regarding the required documentation. You will also be able to find out the cost of legal services for obtaining a license.
What is the cost of a license for the supply of thermal energy?
The state duty for submitting the documents specified above is 10% of the subsistence minimum, which, according to the Law of Ukraine “On the State Budget of Ukraine for 2025”, is 3028 hryvnias. In other words, the cost of obtaining a license takes into account the payment of a registration fee of 302.8 hryvnias and other costs that will be relevant for the client (in particular, the cost of assistance from a qualified lawyer).
Legal support for obtaining a license for the supply of thermal energy
Professional legal assistance can significantly simplify and speed up the process of obtaining a license for the supply of thermal energy. Lawyers of “Prikhodko & Partners” will provide comprehensive consultations on the requirements of the legislation, will help to correctly prepare a full package of documents for submission to the NEURC or the state administration. It will be most advisable to receive the service of legal support of the entire process, since it provides for:
- proper assessment of the client’s compliance with the license conditions;
- legal verification of documents for completeness and compliance with the legislation;
- resolution of any issues during communication with the licensing authority (submission of additional documents, clarifications, making corrections, etc.);
- tracking the status of consideration of documents by the licensing authority, in particular, so as not to miss the deadline for corrections or providing an official response to the request of the NEURC or the state administration;
- appealing an unjustified refusal to issue a license, representing interests in court.
To summarize, in order to supply thermal energy in Ukraine, legal entities and individual entrepreneurs who meet a number of requirements must obtain a license from the National Commission for the Regulation of Energy and Utilities of Ukraine or the state administration. The licensing authority will also check the presence of agreements with other companies in the field of thermal energy circulation, possession of the necessary means for activity, and the presence of a functioning website with information for consumers.
In order to simplify the process of obtaining a license for the supply of thermal energy, we recommend that you seek qualified legal assistance from the specialists of Prikhodko and Partners. You can find out the cost by filling out the registration form below.
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