REALWorld Law

Planning / zoning

Other relevant statutory permits

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

Angola

Angola

This depends on the nature of the development and can only be determined on case by case basis. For example, to implement industrial and tourist projects, other specific authorizations/licences are required. On the other hand, public and private projects considered by the law as likely to have significant effects on the environment are subject to environmental licences and permits.

Australia

Australia

There are a number of other statutory permit regimes dealing with matters related to planning and environment consent. These include state and Commonwealth heritage requirements, state and Commonwealth environmental requirements (directed primarily at protected flora and fauna species), Aboriginal heritage requirements and similar matters. Local authorities also have by-laws or local laws which will sometimes regulate matters in a more detailed way than the provisions of the planning scheme. These controls might regulate advertising signs, car-parking and access, tables and chairs on footpaths and other similar matters.

Belgium

Belgium

Certain kinds of installations require a permit for construction works, as well as a permit for the exploitation of an installation.

In the Flemish Region, since 1 January 2018, both permits are integrated in the new (integrated) environmental permit, which is now granted for an indefinite period.

A difference between the environmental permit for environmental matters and the environmental permit for building is that this last one can be freely transferred if the real estate is transferred, since it is linked to the real estate itself. Environmental permits including environmental matters are granted to a specific company or person, and if activity stops or the activity rights for the relevant installations are transferred to another person or company, this must be notified to the competent authorities.

In the Flemish region, the environmental permit is regulated by a Decree of 25 April 2014 concerning the ‘single environmental permit’. In the Brussels Capital Region, the environmental permit is regulated by a Decree of 5 June 1997 concerning the environmental permit. In the Walloon Region, the environmental permit is regulated by a Decree of 11 March 1999.

For some ‘commercial developments’ (mostly retailers), the Federal Law of 13 August 2004 which deals with permits for certain commercial activities provides for a ‘socio-economical permit’. This permit is required for developments with a gross surface of more than 400 m². This permit can only be granted if certain matters – such as consumer interest, the impact on employment and spatial impacts are dealt with.

The law was amended by the Law of 22 December 2009 in order to comply with the Directive. However, please note, the continued existence of this permit is currently in dispute, since it may be contrary to EU Directive 2006/123/EC (Services Directive), mainly because neither the legislative amendment, nor the preparatory materials, contain a justification of why the permit system remains necessary to achieve the goals of the legislation (eg the promotion of a balanced offer of commercial development in urban and non-urban areas) and cannot be achieved by less restrictive measures.

This law remains applicable only in the Flemish Region. The Decree of 15 July 2016, however, will merge the socio-economic permit with the new environmental permit. This new regime will come into force in the course of 2018. In addition, the decree provides local governments with more instruments to implement a specific retail policy.

In the Walloon Region, the Decree of 5 February 2015 introduced a ‘commercial establishment’ permit subject to similar conditions. This decree came into force on 1 June 2015. In the Brussels Capital Region, the Ordinance of 8 May 2014 merged the socio-economic permit with the building permit. This ordinance came into force on 1 June 2014.

Bosnia-Herzegovina

Bosnia-Herzegovina

It is necessary to obtain following permits:

  • An urban approval
  • An urban approval for initial development work
  • An approval for construction for initial development work
  • An approval for construction
  • An approval for use

In some instances, it is necessary to obtain:

  • An approval for the construction of multiple developments
  • An approval for the construction of temporary developments
  • An approval for the reconstruction of an existing building
Canada

Canada

There are a number of other statutory permit regimes dealing with matters related to planning and environment consent. The other permits or approvals that may apply to a particular development depend on the nature of the development and can only be determined on case-by-case basis. These may include heritage requirements, provincial and federal environmental requirements, Aboriginal heritage and consultation related requirements and similar matters. Local authorities also have by-laws or local laws which will sometimes regulate matters in a more detailed way than the provisions of development and planning schemes. These controls might regulate advertising signs, car parking and access, tree cutting and other similar matters.

China

China

Local regulations must be considered in relation to planning and zoning.

With respect to development, the following permits relating to land need to be obtained:

  • A land-use planning permit from the competent planning department
  • A construction project planning permit from the competent planning department, and
  • A construction project building permit from the department in charge of building administration of the local people's government at county level or above.
Croatia

Croatia

For the use of a building for business purposes, upon obtaining the usage permit, the investor also has to obtain the decision on the minimal technical conditions.

Czech Republic

Czech Republic

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 licence or permit, as well as permits from a relevant authority relating to the care of historical monuments or mining.

Denmark

Denmark

It depends on the application of the land and must be determined on case-by-case basis.

For bigger projects an environmental assessment can be required.

The Nature Protection Act, dated 13 March 2019, plays a central role and the Forest Protection Act, dated 29 March 2019, is often considered. For industrial use, environmental licences and permits are required.

France

France

This depends on the nature of the development and can only be determined on case by case basis but may include various environmental licences and permits.

Germany

Germany

This depends on the nature of the development and must be determined on case by case basis but may include various kinds of environmental permissions or permits.

Hong Kong, SAR

Hong Kong, SAR

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 licences or permits, for example, a road excavation work permit from the Highways Department, as well as permission from the Highways Department for road openings to facilitate installation of cables. However, consent and approval from the Building Authority must be obtained before the commencement of any significant building works.

Hungary

Hungary

This depends on the nature and volume of the development. In certain cases, where the development is likely to have a significant impact on the environment, an environmental impact assessment must precede the building works.

Also, if the development is planned on a site that is subject to some form of archaeological protection, then an archaeological study must be prepared on the basis of which the archaeological authority may require the developer to carry out excavations or to employ an archaeologist during the groundwork phase to continuously monitor and direct the works.

Ireland

Ireland

This depends on the nature of the development and can only be determined on case-by-case basis but may include various kinds of environmental licences and permits. For example, certain developments will require a licence from the Environmental Protection Agency for the designated use in addition to the planning permission.

The Urban Regeneration and Housing Act 2015 is aimed at addressing the current housing supply shortage situation and contributing to economic recovery by stimulating increased activity in the construction sector.

The main provisions of the Act are:

  • The introduction of a register of vacant sites and a vacant site levy as described above. The vacant site levy is payable by the owner of any property entered on the vacant site register on 1 January of that year. The rate of the levy payable is 7% of the market value of the site.
  • Revised provisions relating to development contributions which will enable local authorities to implement reductions in development charges relating to existing but un-commenced planning permissions.
  • Easing of requirements for social and affordable housing.
Italy

Italy

This depends on the nature of the development and can only be determined on case by case basis but may include various kinds of environmental licences and permits. However, as many areas in Italy are subject to specific environmental, landscape or monumental restraints, the release of a building title might require a specific authorization by the local branch of the Ministry for Cultural Heritage and Activities, which may limit the development of a project in said areas.

Japan

Japan

This depends on the nature of the development and should be determined on a case-by-case basis.  Legal requirements may include various kinds of environmental permits. For example, if development involves use of agricultural land, a permission from the agricultural committee under the Agricultural Land Act will be required.

Netherlands

Netherlands

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 pursuant to the Dutch Environmental Permitting (General Provisions) Act. Particular legislation includes environmental law relating to eg emissions which come into play in case of large-scale industrial activities. For many activities in the Netherlands general environmental law rules apply rather than separate permitting regimes. Water permits may be necessary in the case of particular activities which relate to eg construction in, or near, waterways.

Nigeria

Nigeria

The permissible use of the land, location and nature of the proposed building development will determine the necessary permits to be obtained. There is also environmental considerations, health and safety concerns, compliance with fire service regulations, rights of way (highways and waterways) regulations, which all play a part in planning and zoning development.

The respective Urban and Regional Planning laws of the respective States and the Federal Capital Territory, Abuja all have provisions requiring for certain developments and locations, the submission of environmental impact statement along with the application for development permit in the following instances:

  • Development of a residential land in excess of 2 hectares
  • Building or expanding a factory, and
  • Construction of an office building in excess of four floors or 5,000 square meters of lettable space and major recreational development.

Section 4 of the Environmental Impact Assessment Act No. 86 of 1992 prescribes the minimum content of the Environmental Impact Assessment Report which should be met for acceptance.

Norway

Norway

The planning and building authorities have a statutory duty to co-operate with other public authorities who have an interest in the case. This must be decided by a specific review of the case in question. In certain cases, it is necessary to make an application for a licence or to seek permission from other separate public authorities. For example, in some cases there is a requirement to apply for a discharge permit form the Norwegian Pollution Control Authority or to apply for a permit to connect the development to a public classified road or county road from the public roads administration.

Poland

Poland

The question of applicability of other statutory permit regimes in relation to planning and development can be determined only on a case-by-case basis as it depends on the nature of the development. Generally, it may include various types of environmental permits, public road access permit, tree removal permits, etc.

Portugal

Portugal

It depends on the nature of the project and the activity to be developed. For example, to implement industrial, tourist and commerce projects, other specific authorisations/licences are required.

Public and private projects, considered by the law as likely to show visible effects on the environment are subject to an environmental impact assessment project.

Romania

Romania

Several other permits and approvals are necessary for construction works. By way of example the following approvals are necessary:

Environmental approval

The preliminary contact with the competent environmental authority is a prior mandatory requirement for the issue of the building permit. At that stage, the authority will make an initial assessment of the investment in order to establish if an environmental impact study is necessary.

If an environmental study is necessary, the investor will notify the competent authority issuing the building permit with its intention to continue with the development. An environmental study will need to be prepared by the investor in accordance with the environmental regulations.

The environmental approval document is a compulsory part of the documentation filed for obtaining a building permit. The competent authority issuing the building permit shall refuse any building permit application which does not have a full set of supporting documents, such as the environmental authority authorizing document.

Permits and approvals required in the locality planning certificate

Locality planning certificates may require several approvals for the issue of the building permit. By way of example, the following approvals may be requested:

  • Approvals from the utilities suppliers
  • Approvals from the Ministry of Culture and National Patrimony in case of archaeological sites, historical monuments or protected developed areas
  • Approval for the change of the agricultural designated use or for inserting the land on which a building will be developed within the inner limits (intravilan) of a locality
  • Approval from the Romanian Civil Aeronautics Authority if the building will be developed within the vicinity of an airport
Slovak Republic

Slovak Republic

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 licences and permits.

Spain

Spain

This would depend on the nature of the development and can only be determined on a case by case basis but may include various kinds of environmental or sectorial permits and consents (eg water, road or rail infrastructure works etc).

Sweden

Sweden

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 licenses and permits, as well as permits from authorities concerned with cultural and historical interest in the area.

Thailand

Thailand

There are many regulations and permits to consider. Which are applicable depends on the type of business operation involved, for example, the Enhancement and Conservation of the National Environmental Quality Act, Public Health Act, Factory Act, Hotel Act and other legislation relate to the type of building that will be constructed on the designated land and the type of business to be operated in that building.

United Arab Emirates - Abu Dhabi

United Arab Emirates - Abu Dhabi

As part of the review process for the issue of building or work permits, other statutory authorities (telephone, civil defence, road transport, electricity, water, and sewerage) are all required to provide approvals for the scheme. Once completed, a Municipal Completion Certificate must be obtained from the relevant municipality, which is based on a comparison of the drawings originally submitted to obtain the building permit (and any subsequent, approved revisions) and the actual structure which has been built.

Again, as part of this process, the approval of other statutory authorities (telephone, civil defence etc) is required to demonstrate compliance of what has been built with the original approvals. Without a Municipal Completion Certificate, use and occupation of the building by end users is not permitted.

United Arab Emirates - Dubai

United Arab Emirates - Dubai

An owner or developer obtains an 'affection plan' from Dubai Municipality. The affection plan is a high level general site plan that is issued with basic information containing the plot number, the land use classification and any other particular zoning requirements that are required by Dubai Municipality.

The plan will state:

  • the height allowance;
  • usage;
  • any setback requirements; and
  • whether parking must be included.

In addition, the affection plan will state what permissions from the particular government authorities or third parties will need to be obtained prior to approval. There are no general rules regarding the requisite authorisations as each affection plan is issued on a plot by plot basis. Depending on the location of the plot, there may be additional approvals that will need to be obtained.

The general approvals that are required are:

  • Dubai Electricity and Water Authority;
  • Civil Defence;
  • Etisalat;
  • The master developer (if applicable);
  • the Environmental Department of Dubai Municipality; and
  • any other authorities or agencies that are listed on the affection plan.

The affection plan may also state whether environmental impact studies are required and whether there are any aesthetic requirements that must be complied with.

As part of the review process for the issue of building or work permits, other statutory authorities (telephone, civil defence, road transport, electricity, water, and sewerage) are all required to provide approvals for the scheme.

Once completed, a completion certificate must be obtained from the relevant municipality, which is based on a comparison of the drawings originally submitted to obtain the building permit (and any subsequent, approved revisions) and the actual structure which has been built. Again, as part of this process, the approval of other statutory authorities (telephone, civil defence etc) is required to demonstrate compliance of what has been built with the original approvals. Without a completion certificate, use and occupation of the building by end users is not permitted.

UK - England and Wales UK - England and Wales

UK - England and Wales

This depends on the nature of the development and can only be determined on a case by case basis but may include completion of statutory agreements with local planning authorities, utility companies and highways authorities, building regulations compliance, highways licences and various kinds of environmental licences and permits.

In relation to heritage buildings, in addition to the main requirement for planning permission under the Town and Country Planning Act 1990, additional listed building consent may be required. The main legislation for this is set out in the Planning (Listed Buildings and Conservation Areas) Act 1990.

Buildings of architectural or historic value may be added by the Secretary of State (ie a senior member of the government, a politician appointed by the Prime Minister) or the Welsh Ministers to a list of "listed buildings". Works which would affect the character of a listed building require listed building consent. It is an offence to undertake such works to a listed building without listed building consent. There are similar controls over works which affect scheduled monuments.

Local authorities may also designate parts of their area which have special architectural or historic interest as a conservation area. In England, planning permission is required for the demolition of an unlisted building within a conservation area. In Wales, conservation area consent is required for such demolition.

There is also a system of financial levy available to local planning authorities to obtain funds from developers upon implementation of planning permission to be applied towards local infrastructure improvements. This system (“the Community Infrastructure Levy”) has been adopted by a number of planning authorities.

UK - Scotland

UK - Scotland

This depends on the nature of the development and can only be determined on case by case basis, However, in addition to the main requirement for planning permission under the Town and Country Planning (Scotland) Act 1997, two of the main kinds of additional permit that may be required are listed building consent and conservation area consent. The main legislation for these is set out in the Planning (Listed buildings and Conservation Areas) (Scotland) Act 1997.

Buildings or architectural or historic value may be added by Scottish Ministers to a list of such buildings. Works which would affect the character of a listed building require listed building consent. It is an offence to undertake such works to a listed building without listed building consent. There are similar controls over works which affect scheduled monuments.

Local authorities may also designate parts of their area which have special architectural or historic interest as a conservation area. Conservation area consent is required for the demolition of an unlisted building within a conservation area.

It will often be necessary to construct a new road or extend an existing road in order for development to take place. If so, then road construction consent from the local roads authority will be required under the Roads (Scotland) Act 1984. Various other kinds of roads consents or roads orders may also be required (eg stopping-up order, road traffic regulation order) in order for a development to proceed.

In addition to the aforementioned consents, various kinds of environmental licences and permits may be required depending on the type of development concerned.

Certain types of use of premises may also require a licence from the local licensing authority. For example, serving alcohol and certain types of public entertainment (such as concerts and leisure complexes) require a licence. Types of residential accommodation may also require a licence. There is a system of licences for homes in multiple accommodation. The Scottish Government passed legislation in March 2022 requiring all Scottish licensing authorities to establish a short-term lets licensing scheme by 1 October 2022. Existing hosts and operations have until 1 April 2023 to apply for a licence with all short-term let properties requiring a licence by July 2024.

Ukraine

Ukraine

Depending on the construction works to be carried out (eg construction of a dangerous object, reconstruction of a cultural heritage site or construction on certain types of plots of land) it can be necessary to obtain additional permissions, consents or approvals from the respective state/municipal bodies or to pass assessment of impact on environment.

United States

United States

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 licenses and permits.

Zimbabwe

Zimbabwe

Other applicable permits would depend on the specific designated zonal use of land. Thus, based on the type of development that one seeks to embark on, the specific permits would be issued such as environmental considerations.