What is and is not allowed?

The possibility of building and/or using a building or a piece of land in a certain way is regulated by a municipal zoning plan or municipal management regulation. In some cases, the province has adopted an embedding plan. An integration plan is the same as a zoning plan, but for projects that transcend municipal boundaries, usually infrastructure. A zoning plan states in detail what is and what is not allowed.

The adoption of a new zoning plan or the amendment or revision of an existing zoning plan is an important decision with consequences for the existing residential and living environment. The zoning plan is therefore a central component of environmental law.

It therefore goes without saying that there is a great deal of (legal) consultation with municipal officials, requests are submitted to the municipality for cooperation in amending a current zoning plan, and politics is conducted regarding spatial developments in the city, village and rural area. The adoption of a new zoning plan or the amendment of a zoning plan involves participation and legal protection procedures.

The Omgevingswet is currently being drafted. This new Act will combine a great deal of environmental legislation and is expected to give a new legal form to the zoning plan. Via www.ruimtelijkeplannen.nl you can immediately see what is and is not permitted at your address, what other spatial plans apply and whether a new zoning plan is being prepared.

What does HABITAT do?

HABITAT works with zoning plans on a daily basis. Whether it is for advice on the construction and use possibilities of an existing zoning plan, supporting (groups of) local residents in submitting views and appeals against a new or amended zoning plan or supervising the purchase of a home or business premises in which the use possibilities or possible planned initiatives in the vicinity of the location may play a role.

When buying a house or a business location, planned spatial developments in the vicinity may affect the possibilities for use or quality of life, and this should have an impact on a (lower) purchase price.

For those who could foresee that spatial developments would take place around the purchase, no planning compensation is at issue (later on) and possible planning damage must be factored into the purchase price. It is therefore important to have HABITAT carry out a planning location survey if necessary.

When enlarging a house, the question arises as to whether the renovation is permit-free or not. If the building plan does not require an environmental permit, the next question is whether the renovation is possible on the basis of the current zoning plan. This may also involve the question of whether a successful application for exemption from the zoning plan can be made. Deviating from the zoning plan is often possible, but almost always requires prior consultation with the municipality. HABITAT can accompany these preliminary consultations with specific legal knowledge as a discussion partner of the licensing official.