Frequently asked questions from business owners about the Omgevingswet

1. All permit applications go through the Environment Counter. You can find this at nl. Here you can also check whether you need a permit by doing the Permit Check. Applications are normally processed within 8 weeks. In the application, you must indicate whether you have involved the surrounding area in your plans, for example through a notification or consultation. We call this participation. It is not mandatory in most cases, but we do recommend it so as not to encounter resistance in the permit process. Investing in good relations with your surroundings is wise.
    
2. Many of the old rules will remain in place in the first period. Think of the rules around business housing, zoning changes, migrant workers or opening hours: the arrival of the Omgevingswet will not change those rules for now. The zoning plans passed "by operation of law" into the temporary part of the Omgevingsplan on Jan. 1, 2024. In the coming years, all zoning plans (which will soon be called Omgevingsplan) will be reviewed. It will then be examined whether all rules are still desirable. The Environment Plan can be found under Rules on the Map at nl.
    
3. The Building Quality Assurance Act (Wkb) has come into effect. The supervision of the building-technical quality of constructions has changed. For this purpose, an external inspector must now be hired for certain types of structures. This external inspector is called a quality assurance officer. Contractors report to the quality assurance officer. The role of the government is reduced. More information can be found on the information page for the Wkb.

1. The Omgevingswet separates spatial and technical activities. These activities can therefore also be licensed separately. In all cases, the municipality remains responsible for issuing spatial permits and supervising those granted. For technical construction activities, the municipality remains responsible for the licensing of structures falling under consequence class 2 and 3. For new construction of structures falling under consequence class 1, a quality assurance contractor must be hired by the initiator, with several notifications to be submitted to the municipality. More information can be found on the information page for the Wkb.
2. Wkb will come into force for remodeling activities on January 1, 2025. Until that date, the municipality will therefore continue to handle remodeling activities that require a permit. If the work falls under consequence class 1 of the Wkb, you will have to choose (in consultation with your client) a quality assurance contractor and an appropriate 'instrument' (measurement method). Various notifications will also have to be made to the municipality before, during and after construction via the Environment Desk.
3. Under the Omgevingswet the municipality usually decides within 8 weeks. The intention is to make procedures faster. To prepare procedures properly, submitting a preliminary consultation is encouraged. You can inform your client about this.
4. In addition, in a number of cases, you should think about an appropriate form of participation in advance with your client.
5. Under the Omgevingswet you as a contractor are more often liable for what the client is now required to report upon completion.

What doesn't change?

Licensing and construction supervision of structures falling under consequence class 2 and 3 will continue to be handled by the municipality for the time being.

1. Fees for the spatial permit application (an environmental plan activity) to the municipality.
    
2. Fees for an engineering permit for certain types of structures. This follows from the Building Quality Assurance Act. In these cases it concerns structures belonging to consequence class 2 or 3. For structures falling under consequence class 1, there is no technical permit requirement but a (free) notification requirement. This notification must be submitted to the municipality. This only applies to new construction. Rebuilding will not become part of the Wkb until January 1, 2025.  
    
3. Cost of hiring a quality assurance contractor for new construction for structures falling under consequence class 1.
    
4. Finally, you should consider any costs of participation.

Sometimes an initiative requires other things you haven't thought of. Consult with the municipality about your plans in advance so that you are not confronted with surprises. You can do this by submitting a preliminary consultation. The advice on a preliminary consultation also gives you more insight into the chances for your initiative if, for example, it conflicts with the environmental plan. This speeds up the permit application procedure because you know exactly what your plan must meet. Even if a plan is not feasible, this will become clear.

Perhaps the plan can be modified so that it does comply. This can be investigated by filing a preliminary consultation. More information about submitting a preliminary consultation can be found here. Are you unhappy with the application and the Requirements? In some cases it is best to submit a pre-consultation.

We will be happy to answer your questions. To do so, please contact the municipality at 14 0181 during the telephone consultation hour building/construction on working days from 08.30 to 16.00.