Zoning laws, which relate to the zoning plan and the general environmental permitting (omgevingsvergunning), are enforced by various authorities (different authorities deal with different aspects of zoning law), which have a wide range of methods and rules at their disposal to ensure compliance.

Depending on the kind of activities that the occupier of the premises intends to conduct, certain permits, based on different environmental laws (such as the Environmental Management Act (Wet milieubeheer) and the Hazardous Waste Decree (Besluit aanwijzing gevaarlijke afvalstoffen)), might be mandatory.

The Environmental Protection Act (Wet milieubeheer) currently contains the most important laws regarding environmental protection. The Environment and Planning Act (Omgevingswet) is expected to enter into force as of 1 January 2024 to simplify the current regulations and laws on spatial planning, land use, environmental protection, nature conservation, construction of buildings, protection of cultural heritage and water management, by integrating the existing rules in one legal framework. The enactment of this act will also include environmental laws regarding the use and occupation of real estate, especially with respect to the construction and development of real estate.

The following permits or licenses are required:

• A building environmental permit (omgevingsvergunning)
• A fire safety permit or notification (depending on the kind of real estate)
• Several other permits, depending on the kind of real estate and the kind of construction work the owner intends to be performed

Yes, under current law, the authorities have the right to demand a cleanup in case of serious and urgent soil pollution, depending on the circumstances, and order both the occupier and the owner of the property to carry out the cleanup. However, effective 1 January 2024 the EPA will introduce a new regulation which no longer includes a cleanup obligation for newly discovered soil pollution, but may require temporary protective measures be taken by the landowner. Local governments will have to further shape soil policy under the EPA. Thus, the approach to soil contamination may differ from one municipality to the other. However, the EPA provides for respectful consideration of decisions under the SPA that were taken before the effective date of the EPA.

Pursuant to the Energy Performance Buildings Decree (Besluit energieprestatie gebouwen), the owner of a building needs to be in possession of an energy label. This applies to certain new buildings or existing buildings as referred to in that decree as buildings for which an energy performance coefficient is required. Note that this does not apply to buildings with an industrial purpose. For a building subject to an energy label, it is required that the owner possesses an energy label and that this label is handed over to the purchaser of the building.

In accordance with the Building Decree 2012 (Bouwbesluit), as of 1 January 2023, offices with an area of 100 square meters or more must at least meet the requirements of energy label C. In particular, such offices must meet the requirements of an energy label with a primary fossil energy consumption of no more than 225-kilowatt hour per square meter per year or an energy label with the letter C or better. By 2030, the goal will be to achieve an energy label requirement of at least A. If this requirement is not met, the building cannot be used as office space. The municipality or environmental department is responsible for the supervision and enforcement of this obligation.

The Dutch government is reviewing Dutch planning and building legislation, and the EPA is set to enter into force on 1 January 2024. Under the Environmental and Planning Act, the applicable zoning plan will be replaced by an environmental plan (omgevingsplan) and several procedural aspects in relation to permits and requirements will be altered.

In addition, rules and regulations regarding the allowed amounts of nitrogen deposits are causing considerable delays in certain business activities (including construction works). Under the Dutch Nature Conservation Act (Wet natuurbescherming), a “nature permit’’ is required for any project that could negatively affect any sites forming part of the Natura 2000 network of protected areas. The obligation to hold or obtain a nature permit applies to each party that performs activities with potential significant negative effects on these Natura 2000 areas. In a recent decision, the Administrative Jurisdiction Divisionof the Council of State (Afdeling bestuursrechtspraak van de Raad van State) ruled that the so-called construction exemption, which provided that any nitrogen effects caused during the construction phase of a development project would not be considered when assessing whether a nature permit would be required, violates the European Habitats Directive (Richtlijn 92/43/EEG). As a result, each development project now requires an assessment of the nitrogen consequences in the construction phase, which may cause considerable delays in the development process.

Lastly, it is expected that the Quality Assurance (Building Sector) Act (Wet kwaliteitsborging voor het bouwen) will take effect on 1 January 2024 regarding quality insurance measures for construction. The focus will shift to parties being required to obtain permits in advance that demonstrate compliance with quality requirements during construction and afterward. With the advent of this law, the role and responsibility of contractors will increase. During construction, a contractor will be required to keep a log and report any environmental warnings to the employer in writing. This will ensure that defects are disclosed during construction and will limit any defects after completion. The act has not yet taken effect.