Layout and construction requirements for catering establishments

Do you run a catering establishment, such as a hotel, restaurant, or café? Then you must meet requirements for the layout of your premises. The rules that apply depend on how you use the building. Different rules sometimes apply to new and existing buildings.

Do you need an alcohol licence? Then a minimum floor area also applies. Do you want to build or renovate? Do the permit check in the Environment and Planning Portal (Omgevingsloket, in Dutch).

Minimum floor area for an alcohol licence

For an alcohol licence, your catering establishment must have at least 1 room for serving alcohol. Under the Alcohol Act (Alcoholwet, in Dutch), this room must have a floor area of at least 35 m2. It must be part of your catering establishment and have a lockable entrance. You serve alcohol in this room for people to drink there.

Your municipality can require this room to be larger than 35 m2. Check the conditions for an alcohol licence with your municipality (in Dutch). 

Ventilation requirements

The Decree on construction works in the living environment (Besluit bouwwerken leefomgeving, Bbl, in Dutch) sets rules for ventilation. The requirements depend on:

• the use function;
• the number of people;
• the floor area;
• whether the building is new or existing.

A use function describes how you use a part of a building. For rooms where you serve alcohol for people to drink there, the following minimum ventilation requirements apply: 

• New buildings: 4 dm3/s per person.
• Existing buildings: 2.12 dm3/s per person.
• New and existing buildings: also 3.8 dm3/s per m2 of floor area.

You must provide whichever amount of ventilation is higher. Mechanical ventilation is mandatory. A fan supplies air, extracts air, or both. In new buildings, fresh air must come directly from outside. It may come through a ventilation duct. For temporary accommodation functions (logiesfunctie), such as hotel rooms, different ventilation requirements apply.

For more information, see the ventilation rules for new buildings  and the ventilation rules for existing buildings (in Dutch).

Accessibility for people with disabilities or chronic illnesses

The UN Convention on the Rights of Persons with Disabilities applies in the Netherlands. Under the Equal Treatment Disabled and Chronically Ill People Act (Wet gelijke behandeling op grond van handicap of chronische ziekte, WGBH/CZ), you have 2 duties:

• You must make an adjustment if someone needs it to use your service. The law calls this an effective adjustment (doeltreffende aanpassing).
• You must take simple measures to make your business more accessible, step by step. For example, remove objects that block passageways for people using a wheelchair, walking frame, or mobility scooter.

You do not have to make an adjustment or take a measure if the burden on you would be too great. The Bbl also sets accessibility requirements for new buildings. The rules that apply depend on the type and size of the building.

Read more about access for people with disabilities and the accessibility of buildings (in Dutch).

Fire safety in your catering establishment

You must follow the fire safety rules when using your catering establishment. The rules depend on how you use and arrange the building. And on the number of people in the building.

Keep escape routes clear and usable. Make sure people can open the doors on these routes immediately and without a key. Exceptions apply to some escape routes.

The equipment you need to put out a fire depends on your building and situation.

Read more about fire safety measures for a building. Do the permit check in the Environment and Planning Portal (Omgevingsloket, in Dutch) to see whether you must give your municipality information about the fire safety of your building. This is called a notification of use (gebruiksmelding).

Building or renovating a catering establishment

Do you want to build or renovate a catering establishment? Then building regulations apply. Also check whether your plans fit the municipality’s environment plan.

View the environment plan via Rules on the map (Regels op de kaart, in Dutch).

Check if you need an environment and planning permit and apply

Go to the Environment and Planning Portal (Omgevingsloket, in Dutch) to check if you need an environment and planning permit (omgevingsvergunning). In the Environment and Planning Portal you can see which rules apply in your municipality, province, or regional water authority. You can then apply directly online for an environment and planning permit or submit a notification.

Please note: Rules from the General Municipal By-law (Algemene Plaatselijke Verordening, APV) or another local by-law may also apply.