A zoning plan assigns a particular purpose to plots of land and sets rules regarding the use of and construction on this ground. If you intend to (re-)build or buy a plot for a particular purpose, this might not always be in line with the zoning plan. It is not permitted to use plots of land or buildings in breach with a zoning plan, without having an integrated environmental permit. So how can you make sure to realise your project?
There are a variety of options to derogate from the zoning plan, including:
- Derogation within the plan
- Minor matters
- Temporary derogation
- Derogating from the zoning plan
To derogate from the zoning plan by utilising one of these options, you must apply for an integrated environmental permit. We will gladly assist you with such an application.
Derogation within the plan
The option to derogate from the zoning plan can be included in the plan and concerns a minor derogation from the plan. Thus, for instance, a zoning plan can say that a construction with a permit may be 10% higher than the maximum height of buildings included in the plan.
Minor matters
Matters included in the so-called “list of minor matters” can be considered for derogation from the zoning plan. The “list of minor matters” includes exemptions, such as using a recreational home as regular home, if certain conditions are met.
Temporary derogation
In temporary construction projects, you can temporarily derogate from the zoning plan. Then, a deadline will be established in the granted integrated environmental permit. To derogate from the zoning plan temporarily, it must be likely that the activities will be finished at the end of the period set without any irreversible consequences. Also in cases included in the “list of minor matters”, a temporary authorisation to derogate can be granted.
Derogating from the zoning plan
If your plan is not covered by the above options, you can also apply for an integrated environmental permit for derogation from the zoning plan, or you can draw up a new zoning plan. When applying for derogation from the zoning plan, you have to prove that your plan is not in breach with effective spatial planning. The zoning plan must be in line with the framework set by the national, provincial and municipal spatial planning.
More information
This newsletter provides a brief insight into Dutch real estate law and the potential consequences for your Embassy. But the Embassy desk of our firm also focuses on:
- Employment law / Labour law
- Rent law
- Investment / Doing business in the Netherlands
- Matrimonial issues
- Immunity issues
Ynze Kliphuis,
Real estate lawyer of Embassy Desk
embassydesk@russell.nl