{"product_id":"vragen-61614-wij-zijn-voornemens-om-een-vrije-kavel-te-kopen-in-een-nieuwbouwwijk-waar-een-stadsverwarmingsnet-is","title":"Legal Assistance with Connection and Purchase Obligation","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nWe intend to purchase a vacant plot of land in a new residential area where a district heating network has been installed. The seller (municipality) did indeed inform us in the preliminary phase that we are obliged to connect to the heating network that has been installed there. Apart from these substantial connection costs, my draft agreement that I recently received states that I must also purchase heat exclusively for at least 25 years by means of a qualitative obligation with a chain clause. This purchase obligation had not been reported previously and is also not at all desirable because I want to heat more sustainably myself without the district heating. The district heating supplier previously indicated that there is a connection obligation, but no purchase obligation when using a more sustainable alternative. When asked further, reference is suddenly made to the purchase agreement with the municipality. Can such a connection obligation and a purchase obligation just like that?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nUnder the Building Decree, a gas supply for a new-build home must comply with NEN 1078. For an existing home, this is NEN 8078. The Housing Act then states the following;\n\n Article 13\n\n The mayor and aldermen may, if they deem this necessary, oblige the person who, as the owner of a building, structure, other than a building, or stand, or who is otherwise authorised to take measures for it, to take measures within a period to be determined by them, so that the condition of that building, structure or stand will subsequently be at a level that is higher than the level that corresponds to the regulations referred to in Article 1b, paragraph 2, sub a, b or c, respectively, without it being higher than the level that corresponds to the regulations referred to in Article 1b, paragraph 1, sub a, b or c, respectively.\n\n Article 13a\n \nIf the first paragraph of Article 12 is not complied with, the mayor and aldermen may, unless the second paragraph of that article has been applied, oblige the person who, as the owner of a building or site or otherwise, is authorised to take measures therefor, to take such measures as they specify within a period to be determined by them, so that the first paragraph of Article 12 is subsequently complied with.\n\n Since January 1, 2018, the connection obligation has expired.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My question concerns district heating by means of a heating network. Not a gas connection. What about the connection obligation and the purchase obligation in that case?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n A connection to district heating is mandatory. In the case of self-construction, the mandatory connection to district heating may be deviated from if an equal or higher equivalent generation yield (EOR) is achieved or if climate-neutral construction is carried out.\n\n The purchase obligation is a free choice.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004665938269,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-61614-wij-zijn-voornemens-om-een-vrije-kavel-te-kopen-in-een-nieuwbouwwijk-waar-een-stadsverwarmingsnet-is","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}