Environmental permits

Environmental permits

For certain activities, an organization or private individual requires permission from the competent authority to carry out these activities. For example, an environmental permit is required for the construction or renovation of real estate. An environmental permit may also be required for the operation of a specific business. Finally, an environmental permit must be applied for when organizing certain events. The person or organization wishing to carry out certain activities for which a permit is required must apply for this permit from the relevant authority.

An administrative body subsequently decides on the application and makes a decision. If the environmental permit is not granted, an objection and, if necessary, an appeal may be lodged. An objection must always be submitted within six weeks.

When applying for an environmental permit or filing an objection or appeal, it is advisable to seek legal advice. This allows for an analysis of potential risks to be made at an early stage. Additionally, certain formal requirements must be met when applying for an environmental permit. A legal expert or lawyer ensures that these deadlines are observed.

Questions regarding environmental permits? Contact us.

The environmental permit under the Environment and Planning Act

The Environment and Planning Act (Omgevingswet) entered into force on January 1, 2024. This Act has consolidated dozens of old laws and regulations concerning the physical environment – ​​including the Environmental Law (General Provisions) Act (Wabo), the Spatial Planning Act, and large parts of the Environmental Management Act – into one coherent system. The environmental permit remains the central instrument: instead of separate permits for various actions, you in principle apply for a single environmental permit for the activities you wish to carry out. The application is submitted digitally via the national Omgevingsloket.

For entrepreneurs, this means that the rules of the game have changed on an important point. Whether a permit is required for an activity depends on the so-called activities specified in the Environmental Activities Decree (Bal) and the municipal environmental plan. We assess for you whether your plan requires a permit or notification, and which competent authority – municipality, province, or water board – you need to contact. For the connection with the broader rules of Environmental Law, we refer you to our main page.

Which activities require a permit?

Under the Environment and Planning Act, the old “building permit” has been split into two components, the so-called split. For the actual construction, the technical construction activity: this involves assessment against the technical building requirements of the Buildings and Living Environment Decree (Bbl). In addition, there is the environmental plan activity (OPA): this involves assessing whether the structure or use fits within the municipality's environmental plan. Therefore, for a single construction project, you may face two separate assessments.

If your plan does not fit within the environmental plan, an off-plan environmental plan activity (BOPA) applies. The municipality may then deviate from the plan under certain conditions. In addition, we distinguish between environmentally harmful activities (MBA): activities that can have adverse effects on the environment, such as operating a production facility, storing hazardous substances, or certain installations. For the planning aspect, we refer you to our pages on zoning plans and spatial planning; for the environmental aspect, to environmental law. We map out in advance which activities apply to your situation so that you are not faced with any surprises.

The procedure: regular or extensive

For most applications, the regular preparation procedure. In principle, the competent authority must decide on the application within eight weeks, with the possibility of extending that period once by six weeks. You can first lodge an objection against the decision and subsequently file an appeal with the administrative court.

For more complex or environmentally sensitive applications, the extensive preparatory procedure of Section 3.4 of the General Administrative Law Act (Awb) applies . In this procedure, a draft decision is first made available for public inspection, during which interested parties can submit their views; the decision period is, in principle, six months. A direct appeal is available against the final decision. In both procedures, we monitor the deadlines and formal requirements to ensure that your application or objection does not fail for procedural reasons.

Objection and appeal against a permit decision

If your environmental permit is refused, or if the municipality grants a permit to your neighbor from which you suffer disadvantage, you may challenge the decision. In the regular procedure, you first lodge an objection with the administrative body that made the decision. Pursuant to Article 6:7 of the General Administrative Law Act, the objection period is six weeks, calculated from the day following the publication of the decision. If the objection is rejected, an appeal is available to the District Court, and subsequently, possibly a further appeal to the Administrative Jurisdiction Division of the Council of State.

An objection or notice of appeal usually does not suspend the effect of a permit. If irreversible damage is imminent – ​​for example, because construction commences – we can request a preliminary injunction from the preliminary relief judge to temporarily suspend the decision. Our lawyers assess whether the administrative body has complied with the law and the general principles of proper administration (due care, justification, and proportionality), and determine the most promising course of action together with you.

Enforcement and revocation of permits

An environmental permit imposes obligations. If you do not comply with the regulations, or act without the required permit, the competent authority may take enforcement action by means of a penalty payment order or administrative coercion, and a permit may even be revoked. We assist entrepreneurs in enforcement proceedings, defend against enforcement decisions, and advise on legalization. We also support local residents and competitors who specifically request enforcement against an undesirable situation.

Who we work for: from corporations to the baker on the corner

MKB Juristen works with mixed teams of lawyers and in-house counsel. As a result, we combine the litigation authority and experience of a lawyer with the practical, business-oriented perspective of a legal counsel – at a transparent rate. We assist international corporations with extensive building and environmental permits, but are just as happy to support the local hospitality entrepreneur, contractor, or the baker on the corner looking to undertake a renovation or business expansion. Whether it concerns the application, an objection or appeal procedure, or an enforcement issue: we help you consider what is legally possible and what is sensible in your situation.

Frequently asked questions about environmental permits

Do I always need an environmental permit? Not always. Some activities are permit-free, others are subject to a notification requirement, and yet others require a permit. Whether a permit is required depends on the Activities in the Living Environment Decree and the municipal environmental plan. We assess this for you in advance.

Within what timeframe must I lodge an objection? In principle, within six weeks of the announcement of the decision (Article 6:7 of the General Administrative Law Act). This deadline is strict; an objection submitted too late is almost always declared inadmissible.

Can I start building as soon as I have the permit? A granted permit is not always immediately irrevocable; third parties can still lodge an objection or appeal and request a preliminary injunction. We advise you on the risks of starting before the permit is irrevocable.

How much does legal assistance cost? We work with clear, pre-agreed rates and always discuss the chances of success in court first, so that you are not faced with any surprises.