Entry into force
The entry into force of the collective decision is spread over three moments:
- January 1, 2025; and
- July 1, 2025; and
- January 1, 2026.
Significant changes to the Bbl were already implemented as of January 1, 2025. It is important that you are well prepared for these changes so that you can respond well to the new requirements. Below is an overview of the most important changes as of January 1, 2025.
Changes as of Jan. 1, 2025
1. Add Article 2.7a (priority).
With Article 2.7a, the legislator adds a priority rule to the Bbl. The priority rule addresses the situation where there is a conflict between the environmental permit and the general rules in the Bbl. Article 2.7a will read as follows:
Article 2.7a (priority rule for construction activity permit general)
"To the extent that an environmental permit for a construction activity deviates from a rule set forth in Chapter 4 or 5, only the environmental permit and its associated regulations shall apply."
In other words, if an environmental permit allows you to build contrary to the general rules in chapters 4 and 5 Bbl (new construction and renovation), then that environmental permit takes precedence over the general rules in the Bbl. If you have an environmental permit that was (granted) contrary to chapter 4 and 5 of the Bbl, for example because something in the European regulations or underlying NEN standards has changed in the meantime, then you may 'just' build with that permit as of January 1, 2025.
Article 2.7a is a reintroduction of the old Article 1b(1) of the Housing Act. The article is only now being added to the Bbl because it was initially thought that the priority rule would come naturally from the Environment Act. The legislature has since come to a different conclusion.
2. Construction work without notice of completion
In principle, building a structure with a roof and higher than 5 meters requires a permit for the "technical building activity. Articles 2.27 and 2.29 of the Bbl contain exceptions to that permit requirement.
Those exceptions already did not apply under Article 2.22 the Bbl to structures built or maintained without a permit. This means that construction activities on an illegal structure can never be permit-free.
With the introduction of the Bbl, however, a building permit is no longer required for all activities. For structures in consequence class 1, a notification of completion (under the Wkb) is now sufficient. Article 2.22 of the Bbl does not yet provide for these cases.
As of Jan. 1, 2025, for structures for which the required notification of completion has not been made, no permit-exempt construction activities may be performed on, on or near them.
3. Clarity on permit-free construction
The permit requirement for structures with and without a roof is linked to different criteria. For example, the permit requirement applies to a construction activity involving a structure that:
- "exceeds 5 m;"
More than once, colleagues at municipalities received feedback that a proposed building activity required a permit under this criterion. Some of the responses received by Thijs himself, for example:
- An air conditioning unit on the roof of a house 6 meters high; permit required.
- Façade advertising (3 meters high) on the facade of a 10-meter commercial building; permit required.
In the Bbl, no link is made between the 'building activity' on the one hand, and the height of the main building on the other. In Articles 2.25 and 2.26, the legislator refers only to the 'building activity'.
Given the definition of the terms "building activity," "structure," and "construction" in the Environment Act, placing an air conditioning unit and facade advertising, among others, are in themselves "building activities. In short, the Bbl was already clear. The mentioned height of 5 meters saw only the building height of the intended building activity without relation to (the height of) the main building.
Nevertheless, many municipalities apparently had confusion about the application of the said articles. With the amendment to the Bbl, the legislator puts an end to that confusion. The explanation of the amendments to Articles 2.25, 2.26 and 2.27 states:
"It should be noted, for the sake of clarity, that the criteria given in those sections for the definition of construction activities requiring a permit refer to the intended construction activity itself and not to a structure on which the construction activity is performed."
In short, to determine whether a building activity is subject to a (technical) permit requirement, the building height of the "building activity" itself is decisive. The building height of the structure on which the building activity is performed is not relevant.
Changes only for 'technical building'
The above changes all refer to the 'technical building activity'. Whether your building activity also requires a permit for 'spatial building' depends on the rules in the environmental plan.
Custom 'sun on roof'
The original bill also included a scheme for "custom solar on roofs. This meant that municipalities could require owners of large (utility) buildings to install solar panels on their roofs.
In the end, it was decided to remove the regulation from the bill. The Bbl already includes a minimum value for renewable energy for new construction (Art. 4.149 Bbl). Under Article 3.7 of the Bbl, a customization requirement can also already be included. Adding a customization requirement would, in the eyes of the legislator, only lead to lack of clarity in relation to the existing possibilities.
Conclusion
The amendments to the Bbl may have a major impact for permits granted that are (now) in violation of the Bbl. Moreover, the legislator clarifies that the permit requirement of Articles 2.25 and 2.26 relates to the specific building activity, and thus not to the building as a whole. This means that many more building activities are permit-free than many municipalities think.
The remaining changes to the Bbl, which will not take effect until mid-2025 or even 2026, will be further explained at a later date.
