Dutch planning law encompasses both zoning law – which governs the designation of specifically demarcated areas for particular uses and which is laid down in environmental plans – and public law permits governing specific activities (eg construction and demolition) and uses (eg manufacturing) which should be obtained by parties carrying out such activities or uses.
Both strategic planning/zoning and public law permits in the Netherlands are governed by a combination of law, by-laws and policy. The law and policy is contained in:
Most of the Dutch planning and zoning law, as well as environmental laws (e.g. on soil and nature) are included in one overhauling piece of legislation in force as of 1 January 2024: the Environment & Planning Act.
Many of the Dutch protected nature area’s (Natura 2000-area) deal with nitrogen-related issues (such as significant negative effects to the flora and fauna present in these areas). In the past few years this has led to a stricter (nature) permitting regime to prevent further negative effects. On December 18, 2024, the Council of State of the Netherlands delivered a landmark ruling regarding the use of internal netting (intern salderen) in nitrogen emission assessments for projects affecting Natura 2000 conservation areas. This ruling marks a significant shift in how nitrogen emissions are evaluated, particularly for plans or projects impacting sensitive nature areas.
Internal netting refers to the process of netting nitrogen emissions from a new project by netting them with reductions from previous activities on the same site. Prior to the ruling, internal netting could be considered during the preliminary ecological assessment to determine if a nature permit was necessary. However, the Council of State decided that from now on, internal netting should only be factored into the more comprehensive ecological impact assessment phase. This change means that a nature permit is required for projects using internal netting to offset nitrogen emissions.
Additionally, the ruling imposes stricter criteria for internal netting. The "reference situation" for determining how much nitrogen can be netted must now be more precisely defined, limiting the potential nitrogen space for new projects. It also establishes that internal netting can only be successful if additional measures are implemented to improve the state of the affected Natura 2000 area (the additionality requirement). This ensures that the netting does not rely on reductions that are essential for maintaining or restoring the area's ecological integrity.
The ruling also has retroactive effects, applying not only to new projects but also to projects that have already been carried out between 2020 and 2025, which used internal netting without a permit. A transitional arrangement allows these projects to continue until 2030, giving time for permit applications or adjustments to meet the new stricter criteria.
Furthermore, a ruling in January 2025 by the District Court of The Hague added to the complexity by ruling that the Dutch state is failing to meet its nitrogen reduction obligations under the Environmental Planning Act, which mandates a 50% reduction in nitrogen-sensitive areas by 2030. This court decision emphasizes that priority must be given to the most urgently affected areas, complicating the available nitrogen space for new projects. This impacts the scope of internal netting, particularly in heavily polluted areas.
In summary, these rulings create a more stringent regulatory environment for nitrogen emissions in Natura 2000 areas. Projects will face increased requirements for environmental assessments and the need for nature permits, both for new projects and retroactively for those initiated between 2020 and 2025. This will likely result in a greater focus on reducing nitrogen emissions and enhancing the protection of nature conservation areas in the Netherlands.
We note that this particular aspect is constantly changing and developing (due to new case law) and it is therefore recommend to obtain (case specific) advice regarding this topic.
Last modified 13 Mar 2025
Planning law permission is not required where the works or change of use (and parking situation) are already authorized as ‘permitted development’ under the applicable environmental plan. If this is not the case, zoning/planning permission might be required before any operational development, or a material change of use can occur.
In addition to planning permissibility as specified above, permits or amendment of environmental plan may be necessary before a landowner can construct a new building or refurbish an existing building. These permissions include building permits, demolition and consents for works to buildings of historic or architectural interest. In the Netherlands, almost all of the necessary public consents are included in one integrated environmental permit.
Last modified 13 Mar 2025
The design and (external) appearance of new buildings is partially governed by the applicable (municipal) environmental plan and to the extend related to the environmental plan included in policy documents (eg welstandsnota). If a building permit is necessary, the appearance of the building must meet certain requirements set out in the local environmental plan and the building requirements contained in the environmental plan.
The method of construction is governed primarily by both uniform building regulations including the Environment Buildings Decree, as well as additional regulations that might be set at local (municipal) level. The decree contains the technical regulations that represent minimum requirements for all structures in the Netherlands. The requirements relate to safety, health, usability, energy efficiency and the environment.
Last modified 13 Mar 2025
Permission is not required where the works or change of use are already authorized as ‘permitted development’ under the applicable (municipal) environmental plan and, if applicable, other rules and regulations. If this is not the case, a permission (specifically, an environmental permit for deviation) is required before any operational development or a material change of use can occur. Please note that other permissions could be required (ie ecology (nitrogen emissions and protected flora and fauna), waterworks or disposals and/or soil remediation works and/or for traffic routing and/or signage/advertisements).
Last modified 13 Mar 2025
The national and provincial governments adopt general spatial plans which sketch the outlines of the planning policy. Municipal authorities have the authority to further shape these outlines for the relevant municipality, subject to national and provincial plans and regulations, responsibility for regulating the development and designated use of individual parcels of land and the obligation to adopt a single environmental plan for all premises located within their municipal borders lie with the municipalities. Most premises of regional or national interest, such as regional or national infrastructure or military sites, are subject to provincial or national authorities' planning authority.
Last modified 13 Mar 2025
This depends on the nature of the development and can only be determined on a case-by-case basis but may include various kinds of environmental consents. In the Netherlands, most of the various public consents necessary to carry out a single project are included in one integrated environmental permit.
The Environment & Planning act includes particular legislation relating to e.g. (nitrogen) emissions which come into play in case of – often larger-scale – industrial activities. Other than that, for many activities in the Netherlands general environmental law rules apply rather than separate permitting regimes. For water related activities, a permit may be necessary in the case of particular activities which relate to eg construction in, or near, waterways or other conditions and for certain specific activities the local municipal bylaws (APV).
Last modified 13 Mar 2025
In principle, the municipality has an obligation to continuously update the environmental plan as needed. For other permissions, these are usually granted for an indefinite period of time, but it is also possible that a permission is granted for a limited period which is subject to a simpler decision-making procedure but allows a maximum period of 15 years. Construction and development activities however should commence within the timeframe specified in the permit. Otherwise, authorities may revoke the permit. Permits for use and/or environmental plans allowing use in principle cannot (easily) be changed or revoked due to either indefinite permit periods or environmental plan and statutory provisions which entail that planning designations cannot easily be amended in case of existing use and otherwise provide for transitional regimes.
Last modified 13 Mar 2025
Depending on the type of procedure followed, in most cases stakeholders have legal recourse against permitting decisions (including refusals) and may eg among other actions demand enforcement in case environmental (and planning) law violations are observed. The exact type of recourse may vary depending on the decision involved and may include administrative objections preceding judicial appeals or submitting views and subsequent appeals.
Last modified 13 Mar 2025
As specified above, legal recourse against decisions and enforcement requests in principle entails an administrative consideration and a subsequent judicial appeals phase (in one or two instances). Environmental plans have an initial consideration phase in which anyone can submit views; in principle stakeholders who have submitted views may lodge appeals with the Dutch Council of State upon adoption of a environmental plan. However, following European case law (‘Varkens in Nood’) –if their appeal concerns an environmental matter – even stakeholders who have failed to submit views as well as any person who did submit views, may lodge an appeal. Permitting decisions are either subject to the above procedure or may be subject to administrative objection recourse and subsequent appeals.
The national government (Rijk) and the Provincial Executive can issue a so-called 'proactive intervention' (see: Proactieve interventie, section 2.5 of the Environment & Planning Act, articles 2.22 onwards) – eg instruction rules (instructieregels) – to the municipality. The proactive intervention may oblige a municipality to implement particular instructions regarding the content of the environmental plan within a specific timeframe. In order to make a provincial intervention, for instance, there must be a provincial interest and that interest cannot be effectively served by municipalities. The presence of a provincial interest may firstly result from tasks explicitly assigned to provinces by law (eg airports of regional significance). In addition, provinces themselves may also judge that there is a provincial interest, for which it is efficient and effective to issue instructional rules or instructions by environmental ordinance. Here, for example, the reference to provincial policy on a certain subject as laid down in the provincial environmental strategy (provincial omgevingsvisie) is sufficient
The concept known under the previous legal system as the ‘reactive designation’ (reactieve aanwijzing) also returns under the Environment & Planning Act (article 16.21, of the Environment & Planning Act Act) as ‘reactive intervention’ (reactieve interventie)– although only available to provinces instead of the national government. Such a reactive intervention can prevent a (part of the) environmental plan from entering into force. In a reactive intervention decision, the Provincial Executive determines that a part of the decision to adopt or amend the environmental plan does not remain part of that decision The government and the Provincial Executive can only issue this instruction if they filed an opinion of objection first. Provincial Executive can only use the reactive intervention power if it is necessary for a balanced allocation of functions to locations. And if the decision to adopt or amend the environment plan conflicts with a provincial interest.
If instructions are neglected, a province can adopt a ‘substitution decree’ (plaatsvervangend besluit). This means that the province itself adopts the decision that the municipality has failed to adopt. The Province may also ask the Crown (De Kroon) to annul a municipality decision.
Last modified 13 Mar 2025
This depends on the subject matter of the application. In general, a term for decision is eight weeks. Under several conditions, this term can be put on hold or can be prolonged by the authorities. In some matters, the authorities have to decide within a fixed term given by the law which regulates the relevant matter.
In general, the time in which a statutory decision has been made varies between 16 weeks and 32 weeks, subject to extensions eg in case of missing information. Administrative reconsideration and appeals, however, may significantly lengthen these timeframes.
Last modified 13 Mar 2025
In the first steps of the process to adapt an environmental plan, stakeholders may issue views on the intended environmental plan by submitting an opinion (views) within the six weeks after the draft environmental plan is published. Thereafter, an appeal may be made against the final decision.
Stakeholders have recourse against permit decisions. Whether this recourse is available, what type of recourse if available and under which conditions the recourse is available depends on the specific permit and procedure and the appellant's qualification as a stakeholder. In general, for ‘simple’ procedure decisions an administrative reconsideration precedes appeals phase while otherwise, direct appeal following adoption of the decision is available — again subject to whether the appellant has submitted views and otherwise meets the statutory requirements for lodging an appeal.
Last modified 13 Mar 2025
Some forms of development will require the developer to enter into an agreement under which it agrees to perform certain activities or take on certain obligations or make specified payments to, for example, mitigate the effects of the development.
Initiators of building activities pay the competent authority a contribution towards the costs of drawing up plans, constructing public facilities and furnishing the public space (leges). Preferably, the competent authority concludes an agreement with the initiator on this.
It is in principle prohibited to carry out construction activities as long as the cost recovery contribution has not been paid. If the competent authority and the initiator conclude a cost recovery agreement, the competent authority does not have to apply the public law cost recovery scheme.
Private-law cost recovery is regulated under section 13.6.2 of the Environment & Planning Act. If the competent authority and the initiator do not reach an agreement (under private law), the competent authority applies the public law cost recovery scheme. The regulation on public-law cost recovery is included under section 13.6.3 of the Environment & Planning Act.
Last modified 13 Mar 2025
In principle, the municipality has an obligation to continuously update the environmental plan as needed. For other permissions, these are usually granted for an indefinite period of time, but it is also possible that a permission is granted for a limited period which is subject to a simpler decision-making procedure but allows a maximum period of 15 years. Construction and development activities however should commence within the timeframe specified in the permit. Otherwise, authorities may revoke the permit. Permits for use and/or environmental plans allowing use in principle cannot (easily) be changed or revoked due to either indefinite permit periods or environmental plan and statutory provisions which entail that planning designations cannot easily be amended in case of existing use and otherwise provide for transitional regimes.
Last modified 13 Mar 2025
The planning authorities have several ways to enforce restrictions on development and designated use:
1. Impose an obligation on the offender backed by an incremental penalty payment. The incremental penalty payment can be fixed as a lump sum, as a sum payable at a given rate during the period until the obligation is complied with or as a certain amount payable for each infringement of the duty.
2. Give the offender a period of time in which to comply voluntarily with the rules by an administrative enforcement order. If the offender does not comply within that period, the planning authorities can take steps to bring the violation to an end. The offender then has to pay the costs incurred in connection with the taking of enforcement action, except to the extent it would not be reasonable to expect him to pay these costs.
3. The planning authorities can withdraw the permit for the designated use under certain conditions (including long term non-use of a permit)
4. Since 2004 violation of environmental plan rules is considered a violation under the Economic Offences Act, which in repeat offences matters is subject to considerable fines and other penalties.
Last modified 13 Mar 2025
Does public law control the detailed design, appearance and method of construction of any new building?
The design and (external) appearance of new buildings is partially governed by the applicable (municipal) environmental plan and to the extend related to the environmental plan included in policy documents (eg welstandsnota). If a building permit is necessary, the appearance of the building must meet certain requirements set out in the local environmental plan and the building requirements contained in the environmental plan.
The method of construction is governed primarily by both uniform building regulations including the Environment Buildings Decree, as well as additional regulations that might be set at local (municipal) level. The decree contains the technical regulations that represent minimum requirements for all structures in the Netherlands. The requirements relate to safety, health, usability, energy efficiency and the environment.
Last modified 13 Mar 2025