Real estate: environmental permit

(Re-)building, placing solar panels or an advertisement on your commercial property? In the Netherlands you have to apply for an environmental permit for such activities. So what is an environmental permit, how can you apply for it and how does the procedure work after the application?

What is an environmental permit?

An environmental permit is an integrated permit that has replaced various separate permits. This is the standard permit for activities that impact construction, the environment, nature, and land use. With the environmental permit, you can therefore submit a single application for all these activities. This makes the process clear and efficient, for both businesses and individuals.

When do you need an environmental permit?

You may need an environmental permit if, for example, you:

• want to build a new structure or renovate an existing building
• want to demolish a building
• want to install solar panels on your roof
• want to place advertising on your business premises, such as facade signage or billboards
• wish to use your property in a manner not permitted by the zoning plan.

Important: Not all work requires a permit, but even minor modifications may require one if they derogate from the zoning plan, aesthetic guidelines, or building regulations, which are included in the environmental plan. For example, a small shed in the backyard or a dormer window that complies with the rules is often permit-free. It is therefore always wise to first use the Permit Check tool on the Omgevingsloket Online (OLO) (only in Dutch available). However, even if the Permit Check indicates that no permit is required, you may still be required to file a notification with your local municipal office. The national Permit Check tool will tell you what to do.

How to apply for an environmental permit

You can apply for an environmental permit digitally via the Omgevingsloket Online (Environment and Planning Portal) or in writing to your municipality. The major advantage of the Environment and Planning Portal is that you can:

• immediately check whether a permit is required using the Permit Check
• submit your application entirely online
• track the status of your application
• get in touch in English.

When applying for an environmental permit, you must take administrative fees into account. These fees vary by municipality and depend on the type of application and the scope of your project. If you are applying for a single permit covering multiple activities (for example, a Construction Activity and an Environmental Plan Activity), you must add up the administrative fees for all activities. If you are renovating sustainably, you may be eligible for a discount on the fees. You do not have to pay for a notification.

The procedure after application

Once you have submitted your application, the competent authority—usually the Municipal Executive—will assess whether the permit can be granted. The timeframe for decision-making depends on the complexity of the application:

• Simple applications: a decision is made within eight weeks. This period may be extended once by a maximum of six weeks.
• Complex applications: for example, applications that derogate from the zoning plan or where objections from third parties are possible. A longer procedure of up to six months applies here. The municipality may also extend this period by six weeks.

During the procedure, the municipality may request additional information or hold a public consultation, especially for more complex applications. This may influence the final decision.

If the municipality does not decide on an environmental permit within the decision period, you can issue a written notice of default, giving the municipality an additional two weeks to make a decision. If the municipality fails to decide within that period, you are automatically entitled to receive a penalty payment from the municipality. You may also start legal proceedings against the municipality for failing to decide in a timely manner.

Real estate and rent lawyer

Applying for an environmental permit can sometimes be complicated, especially if your plans derogate from the zoning plan or if there are restrictions on the plot. In such cases, timely legal advice is crucial.

At Russell Advocaten, we advise and litigate on behalf of entrepreneurs and property owners regarding zoning plans, permits, and enforcement issues. We also provide support for other matters related to land use planning and real estate. This helps you avoid project delays or unpleasant surprises.

Would you like to know if your business can be established on a specific plot of land, or do you need advice on permit applications and zoning plans? Feel free to contact us for professional legal advice: