If you want to use a building, you need an environmental permit for fire-safe use. In some cases you do not need a permit and a notification of use will suffice. Whether you need an environmental permit or have to make a notification is stated in the Environmental Law Decree (Bor) and the Fire Safe Use of Buildings Decree (Use Decree). The requirements in the Use Decree ensure that the chance of a fire breaking out is limited and the consequences of a possible fire are kept as small as possible.
Environmental permit You must apply for an environmental permit for fire-safe use of the building if: you offer a business night stay for more than 10 people (such as in hotels and guest houses) you offer a night stay for more than 10 people in the context of care (such as in hospitals and nursing homes) during the day there are more than 10 people under 12 years old (such as in primary schools and nurseries) there are more than 10 physically or mentally handicapped persons staying during the day NB If it concerns overnight accommodation, the municipality can deviate from the limit value of 10 persons. Ask the municipality what the limit value is. Construction also includes parts of a construction that are designed or modified to be used separately. Usage Notice You must report the use to the municipality in one of the following situations: More than 50 people will be present in the building, not being a home (situation sketch and floor plan drawing required). There is equality: the building does not meet the requirements of the Occupancy Decree, but the safety is just as safe thanks to extra measures. It concerns a house in which rooms are rented out (situation sketch and floor plan drawing required) Submit an appeal Do you disagree with the decision on your permit application? The municipality makes the draft decision on the environmental permit available for inspection. Anyone can submit a point of view on this within 6 weeks after it has been made available for public inspection. In your view, you must explain why you do not agree with the decision. After the decision has been made, interested parties can appeal to the court within 6 weeks after publication. You are in any case an interested party if you have submitted a timely opinion on the draft decision. There may be several interested parties who can appeal to the court.
Environment counter online.
You can do a permit check via https://omgevingswet.overheid.nl/home. . You will then see whether or not you need to apply for an environmental permit or whether you need to make a report. If you have any questions about the procedure to be followed, always contact the municipality. You can immediately submit your application digitally via Milieusloket online. You will then need a DigiD login code if you apply as a private individual. More information about DigiD can be found at www.digid.nl(link is external). If you want to submit an application digitally for your company, you need eHerkenning. More information can be found at www.ereken.nl(link is external). Apply for an environmental permit You can submit your application in the Online Environment Desk (link is external). You can do this digitally or you can download the form and print it out on paper. The procedure is as follows: You fill in the application form completely. You are not allowed to use the building until you have the permit. So submit your application well in advance. You send the application form together with the floor plans of the relevant floors digitally or by post to the municipality. The municipality will send you a confirmation of receipt. The municipality will decide within 26 weeks after receipt of the application whether the environmental permit will be granted. This period can be extended by 6 weeks. In many cases, the municipality will inspect the building before deciding on your application. The municipality can attach additional conditions to an environmental permit if this is necessary from the point of view of fire safety. If you do not apply for an environmental permit, when you should have done so, then you are punishable. Do Usage Notice Complete the application form completely and send it (digitally or by post) to the municipality, together with the floor plans of the relevant floors. You may not use the building until the notification has been made. You must report this at least 4 weeks before you want to start using your building. After the report, you will receive a receipt from the municipality. This confirmation of receipt does not automatically mean that the requirements with regard to the fire-safe use of your building have been met. The municipality can check your building for fire safety in more detail. The building may be put into use 4 weeks after the notification.
There are no fees associated with making a report. To apply for an environmental permit, you must pay legal costs. Ask the municipality what the costs are.
The municipality needs 8 weeks (standard procedure) to assess your application. In some cases it can take 26 weeks (extended procedure), for example if you want to deviate from the zoning plan. The municipality may extend the period once by 6 weeks.
If your application has been rejected, you can submit an objection to your municipality.
Has your application been approved? Then others have the right to object to the municipality’s decision. The municipality announces permit applications and decisions at: www.officielebekendmakingen.nl.