Planning
Is the national or local/state government able to mandate green initiatives via the planning/zoning regime (e.g., district heating systems on large developments)?

Before the Netherlands Buildings Decree 2012, the legal framework for local authorities to establish environmental and sustainability standards for real estate projects was limited.

With the entering into force of the Buildings Decree 2012, local officials gained the authority to impose sustainability standards on real estate projects, because requests for environmental permits to construct new residential and office buildings with a minimum floor area of 100 square meters can only be granted if an "environmental performance calculation" (milieuprestatieberekening) is submitted. The calculation needs to be made according to the "Determination Method for the Environmental Performance of Buildings and GWW-works" (Bepalingsmethode Milieuprestatie Gebouwen en GWW-werken), which makes it possible to calculate the environmental effects of construction. Together with the national environmental database, this calculation method forms the basis in determining a construction's effect on the environment based on the different materials used. This calculation method is also used for the issuance of certificates for buildings (e.g., GreenCalc, BREEAM-NL).

Aside from public law requirements for sustainable buildings, several municipalities have established their own sustainability policies. Through these policies, municipalities encourage property developers and builders to build sustainable buildings. Nonetheless, parties to a real estate project remain free to use contract law to set standards for the sustainability level of their project within the limits of existing regulations.