Fire safety, the use notification

A use notification is always mandatory for a residential function for roomwise rental or a residential function for Health. For a non-residential function, a use notification is only mandatory if the total number of persons in the building exceeds a number of persons determined by law. The table for this with the numbers mentioned can be found in Section 6.6 Building Works Decree for the Living Environment (Bbl). The obligation applies to structural as well as incidental cases.

You can check whether you need to file a notification via the omgevingswet Government website.

In a building (or part of a building) with multiple functions of use, the persons must be added together. Then the use function with the lowest designated number of persons present determines whether or not a use notification must be filed.

Example

Suppose you have a building with a meeting function for 45 persons, an industrial function for 5 persons and an office function for 2 persons. Then a use notification is mandatory. This is because the total number of persons is 52. This is more than the lowest maximum for the user functions present in the building, namely that of the meeting function (50 persons). Therefore, the notification is mandatory.

You must submit the notification to the municipality through the website omgevingswet overheid at least four weeks before the start of the use of the structure. It is prohibited to start using the building if you have not done so.

Data and documents required

With a use notification, you must provide data and documents. For example, the fire safety provisions (extinguishing equipment, escape routes, etc.). You must draw these on a plan that you attach to the notification. The list of information and documents to be supplied is in Article 6.8 of the Bbl. The municipality may not ask for more information. And you only have to provide that information which applies to and is necessary for the municipality's assessment of the use notification. For a use notification for temporary or seasonal use, you must indicate the period and periods of the calendar year during which the building will be in use.

Please note that an incomplete report is not a report.

Data and documents required in case of change

Is the structure being changed, such as by a remodel? Then a new situation arises. A new notification is usually not necessary. You only need to provide data and documents about the new situation, so that the municipality can assess the new situation. Does the use of the building deviate from the earlier notification? Then you do need to make a new notification. But only if the new situation also requires a notification.

Are you the new owner or tenant of the reported activity? Then you do not have to submit a new use notification. This is because a use notification is case-related and therefore not person-related.

Impose additional Requirements for use via custom rule

When a use notification is required, the municipality may impose additional Requirements if they are necessary for the prevention, mitigation and suppression of fire, fire hazards and fire accidents. Does the municipality find it necessary, based on a notification of use, to impose requirements on the permissible number of persons in an existing building? Then this can be done in specific cases with a custom regulation.

Changing a stated custom rule is only possible in case of a change of insight or change of circumstances that is outside the structure. (after the notification, or at the request of the notifier).

Your notification and related documents must be submitted at least 4 weeks before you plan to use the building, structure or site.

Filing a use notification is free of charge.