The Environment and Planning Act (Omgevingswet): what does it mean for you?
The Environment and Planning Act (Omgevingswet, Ow), brings together multiple laws in 1 new law. This makes it easier to apply for permits for your company. For example, for a construction project. The Environment and Planning Act came into effect on 1 January 2024. You can now use the Environment and Planning Portal to check if you need a permit for your plans.
What is the Environment and Planning Act?
The Environment and Planning Act is a law for spatial development. It replaces multiple existing laws (in Dutch). Such as the Spatial Planning Act (Wet ruimtelijke ordening), the Crisis and Recovery Act (Crisis- en herstelwet), and the Soil Protection Act (Wet Bodembescherming).
You have to comply with the Environment and Planning Act if you want to change something in the 'physical environment'. For example, if you want to start a construction project. Or if you want to convert the garage into business space.
Permits granted before the new law came into effect remain valid.
Apply for permits in 1 place
Thanks to the Environment and Planning Act, you submit 1 application in 1 place and receive 1 decision. And in most cases, your application will be processed faster: in 8 weeks instead of 26 weeks.
For some projects, an extensive procedure (in Dutch) applies. You will then receive a decision within 6 months.
Environment and Planning Portal: Omgevingsloket
You can check if you need a permit in the (Dutch language only) Omgevingsloket: the Environment and Planning Portal. Via this online service counter you can:
- look up the rules per location
- check whether you need an environment and planning permit (omgevingsvergunning, in Dutch) permit or whether you need to make a notification
- apply for permits or make reports
- look up information about the quality of the living environment (this possibility will be added to the counter later)
Do your own research for your application
If you want to apply for a permit, you need to conduct its own research. It may be that your project or idea has an impact on local residents or other companies in the vicinity. In that case, you must contact these people. Ask them what they think of your plan. When applying for a permit, you enclose their answers. That is called participation.
The application for the permit is often easier if participation has taken place. Sometimes participation is mandatory.
Compensation scheme
Is your company disadvantaged by the Environment and Planning Act? For example, because you have to incur extra costs for your construction project due to a rule in the law or a permit. You may then receive compensation, called disadvantage compensation. The Environment and Planning Act includes rules about when the government must pay compensation.
Read more about disadvantage compensation.
Read the Environment and Planning Act
Would you like to read what the Environment and Planning Act (Omgevingswet) says about your situation? The most important rules in the Act have been elaborated in 4 decrees. You can find information about these decrees in English on the IPLO website. Or you can view the decrees in Dutch:
- Environment decree (Omgevingsbesluit)
Finally, there is the Environmental regulation (Omgevingsregeling, Or, in Dutch). This describes how the laws must be implemented.
External links
Questions relating to this article?
Please contact the Netherlands Chamber of Commerce, KVK