Licence for Heat Generation (WCC)

How to handle the matter

You can handle the matter:

During a visit to the office
By mail

What you should know and who can use the service

If you intend to conduct business activity in the field of heat generation, you must obtain a license. The decision to grant the license is issued by the President of the Energy Regulatory Office.
Heat generation refers to the production of thermal energy in hot water, steam, or other carriers.

A license is not required for:

Heat generation in sources with a total installed thermal capacity not exceeding 5 MW
Heat generation obtained in industrial technological processes
When the contracted capacity requested by consumers does not exceed 5 MW

Conditions to be met in order to obtain a licence

You may be granted a licence if:

You have a registered office or place of residence in a European Union member state, Switzerland, Turkey, or a member state of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area, i.e. Norway, Iceland, and Liechtenstein
You have financial resources that guarantee proper performance of the activity, or you can document the ability to obtain them
You have technical capabilities that guarantee proper performance of the activity
You ensure the employment of persons with appropriate professional qualifications in the operation of networks, equipment, and installations
You have obtained an administrative ruling on land development and use conditions
You have no outstanding tax liabilities to the state budget, or you have obtained an exemption, deferral, instalment plan, or full suspension of enforcement of the decision by the competent tax authority

When to handle the matter

You must obtain the licence before starting business activity in the field of heat generation.

Where to handle the matter

The service can be completed at:

Regional branches of the Energy Regulatory Office
ENERGY REGULATORY OFFICE

Submit your application to the appropriate regional branch of the Energy Regulatory Office (URE).
However, if you are an entrepreneur based in the Mazowieckie Voivodeship and plan to sell more than 250,000 GJ of heat annually, submit your application to the head office of the Energy Regulatory Office in Warsaw.

The following regional branches operate in Poland:

Northern Regional Branch based in Gdańsk
(jurisdiction: Pomorskie and Warmińsko-Mazurskie Voivodeships)
Southern Regional Branch based in Katowice
(jurisdiction: Śląskie and Świętokrzyskie Voivodeships)
South-Eastern Regional Branch based in Kraków
(jurisdiction: Małopolskie and Podkarpackie Voivodeships)
Eastern Regional Branch based in Lublin
(jurisdiction: Lubelskie and Podlaskie Voivodeships)
Central-Western Regional Branch based in Łódź
(jurisdiction: Mazowieckie and Łódzkie Voivodeships)
Western Regional Branch based in Poznań
(jurisdiction: Wielkopolskie and Kujawsko-Pomorskie Voivodeships)
North-Western Regional Branch based in Szczecin
(jurisdiction: Zachodniopomorskie and Lubuskie Voivodeships)
South-Western Regional Branch based in Wrocław
(jurisdiction: Dolnośląskie and Opolskie Voivodeships)

Step-by-step instructions

1. Prepare and submit your application for a licence to generate heat

Required documents

1. Application for a licence to generate heat (WCC)

You may submit the document as:

Original

Additional Information

The application should include:

Identification of the applicant and their registered office or place of residence, and if legal representatives have been appointed to act on behalf of the entrepreneur — their full names;
Specification of the subject and scope of the business activity for which the concession is to be issued;
Information on the applicant’s previous business activity, including financial statements from the last 3 years, if the entity conducts business operations;
Specification of the duration for which the concession is to be granted, along with the proposed start date of the activity;
Description of the resources available to the entity applying for the concession, to ensure proper execution of the activity covered by the application;
Company registration number in the National Court Register (KRS), if applicable, or Tax Identification Number (NIP). Entrepreneurs from other countries may provide an equivalent registration number from their country instead of the KRS number.

2. Excerpt from the register of entrepreneurs – National Court Register (KRS)

You may submit the document as:

Copy
Original
Certified copy

3. Certificate of assignment of tax identification number (NIP)

You may submit the document as:

Copy
Original
Certified copy

4. Certificate of REGON identification number

You may submit the document as:

Original

5. Company agreement

You may submit the document as:

Copy
Certified copy

6. List of partners or shareholders

You may submit the document as:

Original

7. List of persons authorised to represent the applicant and members of the supervisory board

You may submit the document as:

Original

8. Certificates of no criminal record

You may submit the document as:

Original

9. List of entities with significant influence over the enterprise or exercising control or joint control

You may submit the document as:

Original

10. Statement by the entrepreneur confirming that they have not been removed from the register of regulated activities in the last three years

You may submit the document as:

Original

11. Statement by the entrepreneur confirming that no bankruptcy petition has been filed and that they are not in liquidation

You may submit the document as:

Original

12. Confirmation of registration as a VAT taxpayer

You may submit the document as:

Original

Additional Information

The confirmation template is specified in Annex No. 2 to the Regulation of the Minister of Economic Development and Finance of 27 December 2016 on the templates of documents related to the registration of taxpayers for value added tax purposes.

13. Description of previous business activity and a business plan for the licensed activity, including a financing plan

You may submit the document as:

Original

14. Document confirming legal title to facilities and installations

You may submit the document as:

Copy
Certified copy

15. Statement by the entrepreneur confirming that all persons employed in the operation of networks, installations, and equipment used for the licensed activity hold the required qualification certificates

You may submit the document as:

Original

Additional Information

Employees should hold qualification certificates issued under the provisions of the Energy Law Act, as well as qualification certificates issued under other regulations, authorizing them to operate these networks, installations, and equipment.

16. Power of attorney for administrative matters

Download:

You may submit the document as:

Original
Certified copy

17. Proof of payment of stamp duty for the power of attorney

You may submit the document as:

For inspection
Copy
Original
Certified copy

18. Proof of payment of stamp duty

You may submit the document as:

For inspection
Copy
Original
Certified copy

19. List of equipment used for heat generation

You may submit the document as:

Copy
Original
Certified copy

20. Characteristics of heat consumers connected to the generation source

You may submit the document as:

Original

21. Summary of planned heat deliveries in GJ and contracted capacity in MW over a three-year period

You may submit the document as:

Original

22. Administrative ruling on land development conditions or administrative ruling on the location of a public purpose investment

You may submit the document as:

Copy
Original
Certified copy

Additional Information

The zoning decision specifies:

the type of investment;
the conditions and detailed rules for land development and construction resulting from separate regulations, in particular regarding:
- conditions and requirements for the protection and shaping of spatial order,
- environmental protection, human health, and the protection of cultural heritage, monuments, and contemporary cultural assets,
- infrastructure and transport services,
- requirements concerning the protection of third-party interests,
- protection of buildings located in mining areas;
the boundary lines of the investment area, marked on a map at an appropriate scale (i.e. 1:500 or 1:1000; for linear investments, a scale of 1:2000 is acceptable).

23. Administrative ruling on the location of a public purpose investment

You may submit the document as:

Copy
Original
Certified copy

24. Building permit

You may submit the document as:

Copy
Original
Certified copy

25. Occupancy permit

You may submit the document as:

Copy
Original
Certified copy

26. Technical inspection, approval, and commissioning protocol for equipment, installations, and networks

You may submit the document as:

Copy
Original
Certified copy

27. Occupancy permit or notification of construction completion along with a statement confirming no objection from the competent building supervision authority

Download:

NOTIFICATION of completion of construction PDF

You may submit the document as:

Copy
Certified copy

28. Statement confirming no objection from the competent building supervision authority

You may submit the document as:

Original

29. Information on compliance with the local spatial development plan

You may submit the document as:

Copy
Original
Certified copy

30. Technical conditions for connecting the heat source to the district heating network

You may submit the document as:

Copy
Original
Certified copy

31. Authenticated documentation: installation for production and procedures for settlement of energy from renewable sources

You may submit the document as:

Original

32. Decision and protocol from the Office of Technical Inspection (UDT)

You may submit the document as:

Copy
Original
Certified copy

33. Integrated permit

The document may be submitted as:

Copy
Certified Copy

The integrated permit should meet the requirements specified for the following permits:

for the release of gases or dust into the air
water permit for the discharge of wastewater into water or into the ground
for waste generation

as well as the water permit for water abstraction.

Therefore, the permit should specify:

the type and parameters of the installation relevant from the perspective of pollution prevention;
the permissible emission levels under normal operating conditions of the installation, not exceeding those resulting from proper operation, for each operational variant;
the maximum allowable duration of technologically justified operating conditions deviating from normal, particularly during start-up and shutdown of the installation, as well as the conditions or parameters characterizing the installation’s operation that define the end of start-up and the beginning of shutdown, and the conditions for releasing substances or energy into the environment in such cases;
if it affects the determination of environmental protection requirements:
a) the required date for ending the operation of the installation,
b) the permissible total duration of continued operation and the method of documenting this time;
sources of generation or locations of release of substances or energy into the environment;
the date from which emissions are permitted, in the case of a new installation;
identification of the main operator of the installation or the scope of responsibility of individual operators for designated parts of the installation, in accordance with Article 183b;

The integrated permit shall specify – for installations requiring such a permit – the scope and method of monitoring emission levels in accordance with the monitoring requirements set out in BAT conclusions, if available. In the absence of BAT conclusions, BAT reference documents may be considered, insofar as they exceed the requirements referred to in Article 147 of the Environmental Protection Law and those specified in the Regulation of the Minister of the Environment of 30 October 2014 on requirements for conducting emission measurements and measurements of water abstraction.
The integrated permit may specify – for installations requiring such a permit – the scope and method of monitoring emission levels beyond the requirements set out in BAT conclusions, if justified by specific environmental protection considerations.
The integrated permit should also specify, for installations requiring such a permit:
1. the type of activity conducted;
2. methods for achieving a high level of environmental protection as a whole;
3. requirements ensuring the protection of soil, land, and groundwater, including measures to prevent emissions into these media and methods for systematic supervision, if necessary;
4. for installations requiring an initial report – the method for conducting systematic risk assessment of contamination of soil, land, and groundwater with hazardous substances that may be present on the site due to the operation of the installation, or the method and frequency of testing for contamination and measuring the concentration of such substances in groundwater, including sampling;
5. methods for limiting transboundary environmental impacts;
6. noise emission levels determined by permissible noise indicators outside the facility, expressed as LAeq D and LAeq N, in relation to land designated for residential use, hospitals and care homes, buildings for permanent or temporary stay of children and youth, and areas designated for health resorts, recreation, and mixed residential-service use; including the daily operating schedule of noise sources and anticipated variants;
7. quantity, condition, and composition of wastewater, if not discharged into water or into the ground;
8. quantity of water used, unless the conditions referred to in Article 202(6) apply (i.e., this quantity is not specified if the water is used solely for the installation requiring an integrated permit);
9. methods for preventing and mitigating the effects of failures and the requirement to report failures, unless this concerns facilities with increased or high risk of failure (as referred to in Article 248(1));
10. procedures for decommissioning the installation, including methods for removing negative environmental impacts resulting from its operation, if such impacts are anticipated;
11. methods for ensuring efficient energy use;
12. scope, method, and deadline for submitting annual information to the authority issuing the permit and to the voivodeship environmental inspector, enabling assessment of compliance with the permit conditions, in areas not covered by Article 149 of the Environmental Protection Law.
The integrated permit may specify additional requirements for the installation if necessary to achieve a high level of environmental protection as a whole. Furthermore, the permit shall define the method and frequency of testing for contamination of soil and land with hazardous substances and measuring the concentration of such substances in groundwater.
The justification of the integrated permit should include an assessment of the costs of achieving emission limit values (based on which a derogation from these limits may be granted).

34. Water permit

You may submit the document as:

Copy
Original
Certified copy

Additional Information

If applicable.

A water law permit specifies (depending on the type of activity):

the amount of water abstracted, including for surface waters: maximum volume in m³ per second, average volume in m³ per day, maximum volume in m³ per hour, and permissible volume in m³ per year; and for groundwater: maximum volume in m³ per second, average volume in m³ per day, and permissible volume in m³ per year;
the amount of rainwater or meltwater discharged into water or soil, including maximum volume in m³ per second and average volume in m³ per year, as well as the actual and reduced catchment area drained by each outlet;
the amount of wastewater discharged into water, soil, or sewage systems, including maximum volume in m³ per second, average volume in m³ per day, and permissible volume in m³ per year, as well as the condition and composition of the discharged wastewater or the minimum percentage reduction of pollutants during treatment; in the case of industrial wastewater — permissible quantities of pollutants, especially substances particularly harmful to the aquatic environment as defined in regulations issued under Article 99(1)(1), expressed in mass units per unit of raw material, material, fuel, or product used or produced, along with the expected method and effect of treatment;
the timing of water abstraction and discharge, and wastewater discharge for facilities with periodic or seasonally variable operations, specifying water usage parameters for different operational periods;
the quantity, condition, and composition of wastewater used for agricultural purposes, annual irrigation doses and application dates, and the numbers and areas of fertilized plots;
the method and scope of measuring the quantity and quality of abstracted water in its original state;
the start date, method, and scope of measuring the quantity and quality of wastewater discharged into water, soil, or sewage systems, or used agriculturally;
the location for wastewater sampling;
periodic measurements of efficiency and water table levels in wells;
water management methods, including characteristic damming levels with dates and conditions for maintaining them, and flow rates;
the minimum acceptable flow rate, restrictions due to its preservation, and the method for reading its value at the point of water use;
a description of the water facility, including its basic technical parameters, construction conditions, and location using the name or number of the cadastral area, plot number(s), and coordinates;
the operating mode of the hydroelectric power plant and its parameters: Qinst, hinst, Ninst;
procedures in case of start-up, shutdown, or failure of equipment essential to the permit’s implementation, as well as the extent and conditions of water and water facility use in such situations, including the maximum allowable duration of these conditions;
procedures in case of damage to measuring equipment;
projects and actions necessary to meet the conditions for permissible failure to achieve good ecological status and to prevent deterioration of groundwater ecological status (as referred to in Article 68 of the Water Law), if applicable;
the total area of the property exceeding 3,500 m², including the area affected by construction works or structures and the biologically active area;
a description of construction works or structures affecting the reduction of natural land retention;
the capacity of natural land retention expressed in m³ per year;
the amount of rainwater and meltwater and the average amount of such water discharged into water retention systems from sealed surfaces, expressed in m³ per year.

35. Permit for waste generation

You may submit the document as:

Copy
Original
Certified copy

Additional Information

The permit for waste generation specifies (in accordance with Article 188(2), (2a), (2b), and (3) of the Environmental Protection Law Act of 27 April 2001):

the type and parameters of the installation relevant from the perspective of pollution prevention;
if relevant to determining environmental protection requirements:

a) the required date for ending the operation of the installation,
b) the permissible total duration of continued operation and the method of documenting this period;

sources of generation or places of release of substances or energy into the environment;
the date from which emissions are permitted, in the case referred to in Article 191a;
identification of the main operator of the installation or the scope of responsibility of individual operators for designated parts of the installation, in accordance with Article 183b;

The permit for waste generation additionally specifies:

the Tax Identification Number (NIP) and REGON number of the waste holder, if assigned;
a list of waste types intended for generation, including their basic chemical composition and properties;
the quantity of each type of waste intended for generation per year;
methods for preventing waste generation or reducing the quantity and environmental impact of waste;
a description of the methods for further waste management, including collection, transport, recovery, and disposal;
the location, method, and type of stored waste;
fire safety conditions resulting from the fire safety report.

The permit may also specify, if justified by special environmental protection considerations:

procedures in case of decommissioning the installation;
the amount and form of financial security for claims;
required actions, including a list of technical measures aimed at preventing or reducing emissions, and if such actions are to be implemented during the permit period — the implementation timeline;
the type and quantity of energy, materials, raw materials, and fuels used, taking into account the requirements referred to in Article 143(1–5);
the scope and method of monitoring technological processes, including measurement and recording of emission levels, to the extent they exceed the requirements referred to in Articles 147 and 148(1);
procedures in case of damage to measuring equipment used for monitoring technological processes, if its use is required;
the method and frequency of submitting the information and data referred to in point 5 to the permitting authority and the regional environmental inspector.

36. Notification of an installation emitting gases or dust into the air

Download:

You may submit the document as:

Copy
Certified copy

Additional Information

The notification includes:

identification of the installation operator, including their residential or registered address;
address of the facility where the installation is operated;
type and scope of activity, including production volume or volume of services provided;
operating hours of the installation (days of the week and hours);
type and volume of emissions;
description of the methods used to reduce emission levels;
information on whether the level of emission reduction complies with applicable regulations.

37. Summary of annual projected revenues and costs for the licensed activity, for a minimum period of 3 years

You may submit the document as:

Original

38. Summary of planned heat sales

You may submit the document as:

Original

39. Financial statements from the last 3 years

You may submit the document as:

Copy
Original
Certified copy

40. Documents confirming possession or the ability to obtain financial resources sufficient for proper performance of the licensed activity

You may submit the document as:

Copy
Original
Certified copy

Additional Information

Bank guarantees, insurance guarantees, and guarantee agreements.

41. Bank certificate confirming account balance, turnover, loans, and enforcement titles

You may submit the document as:

Copy
Original
Certified copy

42. Certificate confirming no arrears in social insurance contributions (ZUS)

You may submit the document as:

Copy
Original
Certified copy

Additional Information

The certificate includes:

Number;
Applicant’s details (name/company name, address, Tax Identification Number [NIP], National Business Registry Number [REGON], Personal Identification Number [PESEL], ID card/passport series and number);
A statement confirming that the applicant has no outstanding payments for:
- social insurance,
- health insurance,
- Labour Fund, Guaranteed Employee Benefits Fund,
- Bridging Pensions Fund;
The date as of which the applicant has no outstanding payments.

43. Certificate confirming no tax arrears or indicating the status of any arrears (ZAS-W)

You may submit the document as:

Copy
Original
Certified copy

Additional Information

The certificate includes, among others:

applicant’s identification details;
address of their registered office or residence;
information on the absence or existence of tax arrears (including their title, period, and amount);
information on interest for late payment or its absence, along with the amount;
information on deferred or installment-based payment of tax liabilities.

Upon the applicant’s request, the certificate may also include information:

whether the applicant is subject to:

a) proceedings aimed at identifying tax arrears and determining their amount;
b) enforcement proceedings in administrative matters, including those concerning non-tax liabilities;

regarding:

a) the periods from which the arrears originate and their titles;
b) taxes for which the payment deadline has been deferred or for which payment has been divided into installments.

Documents confirming compliance with formal-legal and organizational requirements

An excerpt from the Register of Entrepreneurs – National Court Register (KRS) – obtained no earlier than 3 months before submission (if you are required to be registered in the KRS);
A certificate of assignment of the Tax Identification Number (NIP) – if the NIP is not included in other submitted documents. Additionally, provide your excise number, if applicable;
A document confirming the assignment of the REGON number to your company, e.g. a certificate;
If the applicant is a company – attach the articles of association or the company’s statute;
If the applicant is a legal entity (e.g. joint-stock company or limited liability company), or an organizational unit without legal personality (e.g. registered partnership), or a foreign entrepreneur operating in Poland through a branch, submit:
- a list of supervisory board members, a list of shareholders, and a list of persons authorized to represent the applicant,
- a certificate from the National Criminal Register confirming the clean criminal record of all persons authorized to represent the entrepreneur, as well as members of supervisory boards,
- a certificate from the National Criminal Register confirming the clean criminal record of the enterprise as a collective entity;
If the application is submitted by a natural person who is an entrepreneur, submit a certificate of their clean criminal record. Additionally, such a person must submit a statement containing information on the validity date, series, and number of their identity document;
A list of all entities that have a significant influence on your company or exercise control or joint control over it, as defined in Article 3(1)(34), (35), and (36)(a), (b), (e), and (f) of the Accounting Act. Attach a certificate from the National Criminal Register confirming the clean criminal record of these entities;
A statement from the entrepreneur that they have not been removed from the register of regulated activities in the last 3 years due to an administrative ruling prohibiting the performance of the registered activity. In the case of civil law partnerships, each partner must submit such a statement;
A statement from the entrepreneur that no bankruptcy petition has been filed against them and that they are not in liquidation. In the case of civil law partnerships, each partner must submit such a statement;
Confirmation of registration of the applicant as a VAT taxpayer (e.g. a certificate);
A description of the current business activity and the activity for which the concession is to be granted, along with a financing plan for the licensed activity;
Documents confirming the entrepreneur’s legal title to the facilities and installations necessary to conduct the licensed activity. This may include, for example, a notarial deed, an excerpt from the land and mortgage register, an extract from the land register, lease agreements, lending agreements, leasing agreements, purchase invoices, etc. The authority may allow the submission of an appropriate statement;
A statement from the entrepreneur that all persons employed in the operation of networks, installations, and devices used to perform the licensed activity hold qualification certificates required under the Energy Law and other relevant regulations authorizing them to operate such networks, installations, and devices;
Power of attorney – if you are represented by an attorney – along with proof of payment of the applicable stamp duty for granting the power of attorney;
Proof of payment of the stamp duty for the issuance of the concession.

Documents demonstrating compliance with technical requirements ensuring proper performance of business activity

A list of equipment used for heat generation. It should include a description of the technical parameters of the equipment, the type of primary fuel used, and the technical condition of the equipment used in the business activity;
Submit a list and characteristics of heat consumers connected to the generation source. This should include the planned contracted capacity and the type of heat carrier;
A summary of planned heat deliveries in GJ and contracted capacity in MW over a three-year period;
A zoning decision or a decision on the location of a public purpose investment;
A building permit decision should cover the equipment, installations, and networks;
Attach documents confirming the completion of construction and the commencement of operation of the facility (depending on the conditions specified in the building permit). These may include:
- an occupancy permit and a technical inspection protocol confirming approval and commissioning of the equipment, installations, and networks;
- a notice of completion of construction along with your statement confirming no objection to the notice. Also submit the above-mentioned technical inspection protocol;

If you are unable to submit the above documents, provide a zoning decision or a decision on the location of a public purpose investment, or information confirming compliance with the local spatial development plan. In such cases, attach information obtained from the architectural and construction administration authority, building supervision authority, or municipality regarding the date of construction of the facility and the inability to obtain copies of the above documents. Also submit confirmation from the building supervision authority that the facility is not an unauthorized construction and complies with legal requirements;

Attach the technical conditions for connecting the heat source to the district heating network or the connection agreement (along with documents confirming the completion of the connection). These are not required if you transmit and distribute heat generated from your own source using your own district heating network;
In the case of units where heat generation is planned using co-combustion of conventional fuels and biomass, and where the support system defined in Article 9a(7) of the Energy Law is used, submit analogous documents as for units generating electricity using co-combustion technology. These include:
- the so-called “authenticated documentation: installation for production and procedures for accounting energy from renewable sources”;
- an opinion on the prepared documentation (prepared by an independent third party).

These documents must be submitted in two copies;

Attach agreements, decisions, and permits related to technical conditions, environmental protection, and ecological safety. These may include:
- decisions and protocols from the Office of Technical Inspection (UDT),
- an integrated permit – if not available: a permit for the emission of pollutants into the air, a water law permit, and a permit for waste generation,
- notification of an installation emitting gases or dust into the air (if subject to notification).

Recognition of part of the heat generated through co-combustion as originating from a renewable energy source must be integrally linked to the producer having a transparent and credible system for guaranteeing the origin of the heat. This system must be verifiable (e.g. by an independent auditor’s opinion) based on the producer’s existing legal, organizational, and technical framework, confirming, among other things, the clarity of the method for calculating and accounting for the share of heat recognized as renewable in the total heat produced, the reliability of control and measurement systems, etc. However, considering the rationale of costs incurred by the entrepreneur, for units generating heat using co-combustion of conventional fuels and biomass, whose representatives voluntarily declare in writing that they will not use the support system defined in Article 9a(7) of the Energy Law, it is possible to waive the requirement to submit the above documents and to record detailed types of biomass in the scope of activity.

Documents confirming that you have or can obtain financial resources ensuring proper performance of the business activity

A summary of the planned annual revenues and costs for the activity covered by the concession application, for a period of at least 3 full calendar years;
A summary of the planned heat sales over a period of at least 3 full calendar years;
Financial statements from the last 3 years (annual PIT returns for natural persons or partners in civil law partnerships, balance sheets and profit and loss accounts for other entities). If you have been operating for less than 3 years – attach documents covering the period since the start of your business activity;
Documents confirming possession of or the ability to obtain financial resources sufficient to properly carry out the licensed activity (bank guarantees, insurance guarantees, and guarantee agreements);
A certificate from the bank where the entrepreneur’s main account is held. It should specify the turnover and include information on any loans granted to the entrepreneur and confirm that the account is not subject to enforcement titles;
A certificate from the relevant branch of the Social Insurance Institution (ZUS) confirming that the entrepreneur has no arrears in social security contributions. Alternatively, attach a certificate stating that the entrepreneur is not listed in the register of contribution payers – applicable if the business activity did not require registration with ZUS. In the case of civil law partnerships, submit separate ZUS certificates for each partner and for the partnership itself. The certificates should be issued no earlier than 3 months before the application is submitted;
A certificate from the competent tax office confirming that the entrepreneur has no outstanding liabilities to the state budget, or indicating the status of any such liabilities. In the case of civil law partnerships, submit separate certificates for each partner and for the partnership itself. Additionally, the certificate should include information on:
- any ongoing administrative enforcement proceedings or proceedings related to fiscal crimes or fiscal offenses,
- the titles and periods from which any outstanding liabilities originate.

Information for foreign entrepreneurs applying for a concession:

Entrepreneurs from European Union member states, Switzerland, and member states of the European Free Trade Association (EFTA) may conduct licensed activities in Poland directly, i.e., without establishing a branch. In such cases, entrepreneurs must submit an excerpt from the relevant equivalent of the Polish National Court Register (KRS) in the country where the company is registered;
Certificates of clean criminal record for persons authorized to represent the foreign entrepreneur and members of supervisory boards must be obtained from:
- the Polish National Criminal Register, and
- the equivalent register maintained in the country of company registration, or from the Polish National Criminal Register via the ECRIS system;

If these persons are not citizens of the country where the company is registered, the certificate should be issued by the competent authorities of the countries of which these persons are citizens;

A certificate of clean criminal record for the enterprise (as a collective entity) must be obtained from the Polish National Criminal Register and from the equivalent register maintained in the country of company registration;
A certificate of clean criminal record for entities that have a significant influence on your company or exercise control or joint control over it must be obtained from:
- the Polish National Criminal Register,
- the equivalent register maintained in the country of registration of your company (if such registers exist), and
- the equivalent register maintained in the country of registration or citizenship of the above-mentioned entities;
A decision from the tax authority regarding the assignment of a tax identification number may originate from the country of company registration (a document confirming the assignment of a NIP number in Poland is also accepted). The same applies to the document confirming registration of the entrepreneur as a VAT taxpayer;
Compliance of submitted documents with the law of the place of their issuance must be confirmed in accordance with the apostille clause.

Documents submitted in a foreign language must be translated into Polish by a sworn translator. Documents delivered to the Energy Regulatory Office (URE) should be originals. Instead of an original document, you may submit a copy, but its conformity with the original must be certified by a notary or by a proxy who is an attorney-at-law, legal advisor, patent attorney, or tax advisor. As evidence, you may submit a photocopy of the document signed by the entrepreneur or persons authorized to represent them. Exceptions apply to documents for which URE has explicitly requested submission of the original. In case of doubt, the President of URE may request the party to present the original document or a certified copy in accordance with Article 76a § 1 or 2 of the Code of Administrative Procedure.

Deadline

You must obtain the concession before commencing business activity in the field of heat generation.

2. The authority will verify whether your application is complete

If any deficiencies are found in the application, the authority will request you to correct them within a specified deadline. You will have a maximum of 30 days to correct the deficiencies, counting from the date of receiving the request. If you fail to correct the deficiencies within the deadline, the authority will leave the application unprocessed – meaning the concession will not be granted.

If you fail to pay the stamp duty for the issuance of the concession, the authority will set a deadline for payment – between 7 and 14 days. If you do not pay within the specified time, the authority will return your application.

Note: Failure to pay the stamp duty for granting a power of attorney does not result in the return of the application. The Energy Regulatory Office will continue processing the case – however, it will send information about the missing payment to the city office whose account should have received the fee. The city office will initiate enforcement proceedings.

3. The authority will initiate proceedings regarding the issuance of a concession

If your concession application has no formal deficiencies or you have corrected them, the Energy Regulatory Office (URE) will initiate administrative proceedings. The concession case will not always be conducted solely between you and the authority. URE will send a notification of initiation of proceedings to all parties involved.

The Energy Regulatory Office may summon you (as well as other parties or your representative) to participate in the proceedings and to provide explanations – in person, through a representative, or in writing (in accordance with Articles 50–56 of the Code of Administrative Procedure).

Documents

1. Notification of initiation of proceedings

You will receive the document as:
Original

4. The authority will assess whether a concession can be granted

The authority will obtain an opinion regarding the concession

The Energy Regulatory Office (URE) will request an opinion from the Voivodeship Board regarding the possibility of granting you a concession. The Board has 14 days to issue the opinion in the form of an administrative ruling. If it fails to do so within this period, URE will consider the opinion to be positive.

The authority will evaluate your application

URE will assess the submitted documents. Before making a decision on granting the concession, URE may verify the facts stated in the application. This is to determine whether you meet the conditions for conducting the licensed business activity and whether you provide a guarantee of proper performance of such activity.

Additional financial security to satisfy third-party claims

URE may condition the granting of the concession on your submission of additional financial security. This is intended to satisfy potential claims from third parties, which may arise from improper conduct of the licensed activity, e.g. environmental damage. In such a case, you will receive an administrative ruling imposing the obligation to provide such security. You cannot file a complaint against this ruling. You may only challenge it in an appeal against the concession decision.

The authority will notify parties of the completion of evidence collection

All parties to the proceedings will be notified and may review the case files and submit any motions or objections (in accordance with Article 10 § 1 of the Code of Administrative Procedure). Parties have the right to participate at every stage of the proceedings and to express their views – before the concession is granted – on the collected materials and evidence. You also have this right.

The licensing authority, when informing about the possibility to review the collected evidence, will also indicate any conditions that have not been met or demonstrated as of the date of the notification, and which, if not fulfilled, may result in a decision that does not meet the applicant’s request. Within the deadline set for commenting on the collected evidence and materials, and submitted requests, the party may present additional evidence to demonstrate compliance with these conditions (Article 79a of the Code of Administrative Procedure).

Important

If, during the concession procedure, you are charged with committing a crime related to your business activity, URE will suspend the proceedings. The suspension will last until the preparatory and court proceedings are completed.

Suspension will also occur if such charges are brought against members of the supervisory board or persons authorized to represent your company.

Documents:

1. Opinion regarding the concession

You will receive the document as:
Original

2. Administrative ruling imposing the obligation to provide financial security by the applicant

You will receive the document as:
Original

3. Notification to parties about the completion of evidence collection and the possibility to review the documentation

You will receive the document as:
Original

5. You will receive a concession for heat generation

If your application meets the requirements set out in the regulations, the authority will issue you a concession. You will receive it in the form of a decision.

The Energy Regulatory Office (URE) will issue a decision of refusal to grant the concession if you do not meet the legal requirements. In the event of a refusal, URE – via the Minister of Energy – will inform the European Commission. This notification will include the reasons for the refusal.

Once the concession is granted, the authority will enter your company into the register of enterprises holding a concession for heat generation (WCC). This register is maintained by the Energy Regulatory Office.

When you will not receive a concession

URE will refuse to grant a concession if:

your company is undergoing bankruptcy or liquidation proceedings;
within the last 3 years, your concession for an activity conducted under the Energy Law was revoked due to reasons specified in Article 41(3) of that law – e.g. gross violation of concession conditions or other conditions for conducting licensed business activity;
within the last 3 years, you were removed from the register of regulated activities after receiving a ban on conducting the registered activity. The ban may result from:
- submitting a false statement regarding compliance with legal requirements for conducting the activity,
- failure to correct violations within the prescribed time,
- gross violation of the conditions for conducting the activity;
you have been convicted by a final court judgment for a crime related to business activity conducted under the Energy Law. If the applicant is a company, foreign entrepreneur, or a branch of a foreign entrepreneur, persons authorized to represent these entities or members of their supervisory boards must also not have been convicted;
you are not registered as a VAT taxpayer;
another entity that has significant influence over your company or exercises control or joint control has been convicted by a final judgment within the last 3 years for a crime or fiscal offense related to the business activity conducted under the Energy Law. Issues of control are regulated by the Accounting Act of 29 September 1994.

Documents

1. Licence for Heat Generation (WCC)

You will receive the document as:
Original

Additional information

The concession should specify:

The entity and its registered office or place of residence;
The subject and scope of the activity covered by the concession;
The start date of the activity covered by the concession and the conditions for conducting the activity;
The validity period of the concession;
Specific conditions for conducting the licensed activity, aimed at ensuring proper service to consumers, in terms of:
- ensuring the ability to supply fuels or energy continuously and reliably, while maintaining quality requirements specified in regulations issued under Article 9(1–4), (7), and (8) of the Energy Law,
- notifying the President of the Energy Regulatory Office of failure to commence, discontinuation, or limitation of the licensed activity during the concession period;
Environmental protection measures during and after the cessation of the licensed activity;
The registration number in the National Court Register (KRS), if the entrepreneur has such a number, or the number in an equivalent register of a European Union member state, Switzerland, Norway, Liechtenstein, Iceland, or Turkey;
The Tax Identification Number (NIP).

The concession should also regulate the conditions for the cessation of the energy enterprise’s activity after the concession expires or is revoked.

How much you will pay

PLN 616

The stamp duty must be paid at the time of submitting the concession application. You have the right to provide proof of payment within 3 days from the date of submission. As proof of payment, you may attach a printout confirming the bank transaction. The fee should be paid to the account of the Ochota District Office – City of Warsaw. You may also make the payment at the cash desk of that office.

Stamp duty is not required, among others, from local government budgetary units and public benefit organizations.

Appointing a representative

If you wish to be represented by a proxy, remember to attach the power of attorney and proof of payment of the stamp duty for the power of attorney (PLN 17). You do not need to pay this fee if the power of attorney is granted to your spouse, children, parents, grandparents, grandchildren, or siblings.

Note: If you submit the application at a regional branch of the Energy Regulatory Office, the stamp duty for the power of attorney must be paid to the account of the city or municipal office relevant to the location of the branch where the power of attorney is submitted (you can find the account number on the website of the respective city or municipality).

Example: If you submit the power of attorney to the Western Regional Branch of URE located in Poznań, the fee should be paid to the account of the Poznań City Office.

How long you will wait

No longer than one month. The deadline may be extended to two months (you will be informed about this).

How you can appeal

You may appeal the decision regarding the concession for heat generation. You have 2 weeks to do so – counting from the day you received the decision. The appeal must be submitted via the Energy Regulatory Office (URE). It will be reviewed by the District Court in Warsaw – Court of Competition and Consumer Protection.

Your appeal should include:

the case number and reference of the contested decision,
a list of objections,
a brief justification of those objections,
an indication of evidence,
and a statement that you request the decision to be repealed or amended, in whole or in part.

A court fee of PLN 1,000 applies to the appeal. The appeal is processed in accordance with the provisions of the Code of Civil Procedure.

If the Energy Regulatory Office considers your appeal justified, it may – without forwarding the case files to the court – repeal or amend the decision, in whole or in part. You will receive a new decision, which you may also appeal.

Good to know

Obtaining other documents and permits

Obtaining a concession for heat generation does not exempt you from the obligation to obtain other concessions and permits required by separate regulations. For example, if you hold a concession for heat generation and wish to generate electricity, you must also obtain a concession for electricity generation.

How long the concession is valid

The concession is granted for a fixed period – not shorter than 10 years and not longer than 50 years. You may request a shorter period, but you must indicate this in your application.

The Energy Regulatory Office may require you to continue the licensed activity even after the concession expires, if it is necessary for the public interest. In such cases, the concession may be extended for a period not exceeding 2 years. If your activity under the concession results in losses, you are entitled to compensation for those losses.

You may apply for an extension of the concession’s validity. The application must be submitted no later than 18 months before the concession expires.

Concession fees

Once you receive a concession for heat generation, you are required to calculate and pay an annual concession fee.

The fee must be paid by April 15 each year. The method of calculating the fee is specified in the Regulation of the Council of Ministers of 9 November 2018 on the concession fee.

Changes to the concession

You must submit an application to amend the concession if any of the following change:

your company name,
the address of your registered office or your place of residence,
your registration number in the National Court Register (KRS) or its equivalent in other countries,
your Tax Identification Number (NIP).

The application must be submitted no later than 7 days from the date the changes occurred.

The Energy Regulatory Office may also amend the terms of the concession at your request – for example, if you wish to change the method of heat generation.