For entrepreneurs who want to build, renovate, or expand and want to be certain that their plan is eligible for a permit.
Environmental law determines what you may build, establish, and use at a location — bundled in the Environment and Planning Act since 2024. Our lawyers and in-house counsel guide you from permit application to objection and appeal. We assist both international corporations and the baker around the corner: practical and legally sharp.
Environmental law attorneys and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: environmental permit, environmental plan, BOPA and enforcement.Practical specialist legal assistance for entrepreneurs.
Specialist advice on environmental law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Environmental Law
Environmental law determines what you may build, establish, and use at a location — bundled in the Environment and Planning Act since 2024. Our lawyers and in-house counsel guide you from permit application to objection and appeal. We assist both international corporations and the baker around the corner: practical and legally sharp.
Zoning plans
Do you wish to have a zoning plan or environmental plan amended, deviate from it, or defend yourself against a development? Our lawyers and in-house counsel assist you — from international corporations to the baker on the corner.
Are you dealing with an environmental permit, soil contamination, or an enforcement decision? MKB Juristen assists entrepreneurs – from international corporations to the baker on the corner.
Have you suffered damage due to lawful actions by the government, for example due to roadworks or an infrastructure project? Then you may be entitled to compensation for disadvantage. Our lawyers and in-house counsel assess your situation and, if necessary, conduct the proceedings, for the international corporation and the baker on the corner.
A construction project, business expansion, or event often requires an environmental permit. The rules have changed under the Environment and Planning Act. We guide you from application to potential procedure.
Have you suffered damage as a result of a planning decision, such as a decrease in value or loss of income? Our lawyers and in-house counsel assist you with the application and procedure for planning damage and compensation for disadvantage.
From location selection to procedure: our lawyers and in-house counsel guide entrepreneurs through spatial planning law under the Environment and Planning Act. From international corporations to the baker on the corner.
Environmental law regulates what you are and are not allowed to do at a location: building, renovating, establishing or expanding a business, and the use of land and buildings. Since January 1, 2024, this has been bundled into the Environment and Planning Act (Omgevingswet), which has replaced 26 laws (including the Environmental Permit Act (Wabo), the Spatial Planning Act (Wro), and the Environmental Management Act (Wet milieubeheer)) with a single system. The core is the prohibition in Article 5.1 of the Environment and Planning Act: you may not carry out certain activities without an environmental permit.
Our lawyers and in-house counsel assist both international corporations and the baker around the corner — from a permit for a new production hall to a terrace or rooftop extension refused by the municipality. We translate the rules into what they mean concretely for your plan.
The environmental permit and the environmental plan
Whether you need an environmental permit depends on the municipality's environmental plan. This plan has replaced the old zoning plans and determines which activities are permitted for each location. If your plan fits within the environmental plan, often no permit or only a limited permit is required. If it deviates, you need an environmental permit for an environmental plan activity (Article 5.1, paragraph 1, sub a, Environment and Planning Act).
For activities that do not fit within the Environment Plan, the municipality can cooperate via an off-plan Environment Plan Activity (BOPA). This allows an initiative that is strictly speaking prohibited to be permitted after all. We assess in advance whether your plan is likely to succeed and how best to substantiate the application.
Regular or extensive procedure
The general rule is the regular procedure: the competent authority decides on your application within 8 weeks (Article 16.64 of the Environment and Planning Act), with a one-time extension of 6 weeks. For activities with greater impact on the living environment, the extended procedure applies (Section 3.4 of the General Administrative Law Act), in which the competent authority decides within 6 months in principle. Which procedure applies also determines your legal protection route.
If the municipality fails to respond in a timely manner within the regular procedure, a notice of default and a penalty payment may be applicable under certain circumstances. We monitor the deadlines to ensure that a process does not come to a standstill unnecessarily.
Objection and appeal against a decision
If you disagree with a permit — whether granted to you or your neighbor — a strict time limit of 6 weeks applies (Article 6:7 of the General Administrative Law Act). In the regular procedure, you first lodge an objection with the municipality (Article 7:1 of the General Administrative Law Act), which fully reconsiders the decision (Article 7:11 of the General Administrative Law Act); subsequently, an appeal to the court is open. In the extended procedure, you submit views and lodge an appeal directly.
That 6-week deadline is fatal: too late is too late. Therefore, engage us early so that we choose the right course of action in time, rather than having to fix things afterwards.
Participation, environment and enforcement
Under the Environment and Planning Act, participation carries significant weight: for major plans, the municipality expects you to involve local residents and businesses and to substantiate this. In addition, general rules apply to environmentally harmful activities, which have replaced the old facility management system. If you are faced with supervision or enforcement—a penalty payment order or administrative coercion—we will assess whether the decision is legally sound and, where necessary, mount a defense.
Relationship with other areas of law
Environmental law rarely stands alone. A construction plan often touches upon property, tenancy, and project development; for this, we collaborate with our real estate law team . If a process results in an enforcement decision, our supervision and enforcement team joins the team. If you are planning to build or renovate, ensure the agreements with your contractor are properly documented; use our general terms and conditions for contractors as a basis, for example
What we help with
From reviewing your plan to litigating before the administrative court — our lawyers and legal experts support you in every area of environmental law.
Checking whether your plan fits within the environmental plan
Applying for and substantiating an environmental permit (Article 5.1 Environment and Planning Act)
Guiding an off-plan environmental plan activity (BOPA)
Monitoring decision deadlines in the regular and extended procedure
Submission of views, objections and appeals (Articles 6:7 and 7:1 of the General Administrative Law Act)
Defense against enforcement: order subject to a penalty payment and administrative coercion
Advice on participation with local residents and businesses
Advice on environmentally harmful activities and general rules
Assistance with disputes with the municipality, province, or environmental service
When do you engage this team?
Often, there are already issues at play before they become legal. The sooner you involve us, the more options you retain — especially since deadlines in environmental law are fatal. If you recognize any of these situations, seeking advice is advisable.
You want to build, renovate, or add a roof extension
In environmental law, your starting position determines the outcome. Before submitting an application or lodging an objection, we assess your plan against the Environmental Plan and the Environment and Planning Act, and map out the facts and timeframes. In this way, we choose the route—a proper application, a Building Permit Application, negotiation with the municipality, or legal proceedings—that best serves your interests, rather than the first step that comes to mind.
Our approach
From question to solution in four steps.
1
Intake
We discuss your plan, the location, and your objective, and review the environmental plan and previous decisions.
2
Analysis
We assess your plan against the Environment and Planning Act and the Environment and Planning Plan, and map out opportunities, risks, and timelines.
3
Strategy
We choose the route — application, BOPA, statement of views, objection, or appeal — and the involvement of a lawyer or legal expert.
4
Execution
We carry out: from substantiating the application to litigating before the administrative court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Environmental Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of environmental law. In addition, they have specialized in one or more areas of focus within environmental law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about environmental law
The questions entrepreneurs ask us most often.
Do I always need an environmental permit?
Not always. That depends on your municipality's spatial plan. If your plan complies with the rules, sometimes only a notification or no permit at all is required. If it deviates, you need an environmental permit for a spatial plan activity (Article 5.1 of the Environment and Planning Act). We assess this in advance for your location.
How long does a permit procedure take?
In the regular procedure, the municipality decides within 8 weeks, with a one-time extension of 6 weeks (Article 16.64 of the Environment and Planning Act). For more complex activities, the extensive procedure of Section 3.4 of the General Administrative Law Act applies, in which a decision is in principle made within 6 months.
What is a BOPA?
An off-plan environmental plan activity. If your plan does not fit within the environmental plan, the municipality can still cooperate via a BOPA. Whether this is likely to succeed depends on a sound spatial justification and often on participation with local residents. We guide you through that application process.
How do I object to a permit?
You have 6 weeks after the decision is announced (Article 6:7 of the General Administrative Law Act). In the regular procedure, you first lodge an objection with the municipality (Article 7:1 of the General Administrative Law Act); subsequently, you can appeal to the court. That deadline is strict, so do not wait too long to seek advice.
Do I need a lawyer or a legal expert?
Our firm offers both. For advice, a permit application, drafting a statement of views, or negotiations with the municipality, an in-house counsel is often sufficient. For proceedings before the administrative court requiring representation, we engage a lawyer. This ensures you never receive too much or too little.
What do I do in the event of an enforcement decision?
Respond quickly: the 6-week objection period also applies to an order subject to a penalty payment or administrative enforcement. We assess whether the decision is justified and proportionate and mount a defense where necessary, so that you are not unnecessarily confronted with penalty payments or costs.
Discuss your situation with an environmental law specialist.Our environmental lawyers and legal experts help both large companies and small business owners move forward — from an international corporation to the baker on the corner. Schedule a meeting and know where you stand within a single conversation.
