Permit-free construction under the Bor
With the advent of the Environment Act, some things will change with regard to permit-free building. Previously, permit-free building was regulated, among other things, in Section 2.1(1) under a of the Wabo and Section 2 jo. 3 of Annex II of the Bor.
Permit-free construction under the Environment Act
Under the Environment Act, construction projects will be divided into the technical construction activity and the environmental plan activity. This is also referred to as "the cut". The technical building activity is tested against the building regulations in the Building Works for the Environment Decree (hereinafter: Bbl). An environmental plan activity is again tested against an environmental plan. You may therefore need to apply for two different permits.
Technical construction activity
Step 1: the technical construction activity
The permit requirement for technical construction activity is included in Article 5.1(2) of the Environment Act. Relevant is what exactly constitutes a construction activity. The definition of a "construction activity" is "building a structure. This can be found in the glossary of terms in Appendix A of the Environment Act.
To explain that definition again, it is necessary to look at the terms "building" and "structure.
Building: "to place, erect, renew, alter or enlarge in whole or in part.
Structure: 'structure of any size of wood, stone, metal or other material, which at its place of destination is either directly or indirectly connected to the ground, or directly or indirectly supported in or on the ground, intended to function in situ. Including building-related installations forming part thereof'.
Step 2: Is a construction activity designated as requiring a permit?
All designated cases requiring a permit are listed in Article 2.25 jo 2.26 Bbl. Article 2.25 Bbl lists all structures with a roof and Article 2.26 Bbl lists all structures without a roof. All these structures are therefore subject to a permit requirement. Anything that is NOT listed here is permit-free.
Step 3: Does a construction activity fall under an exception to the permit requirement?
All exceptions to the permit requirement are listed in Article 2.27 Bbl. Paragraph 2 includes specifically named structures.
In short, the technical construction activity is permit-free if it is exempted from the permit requirement according to Article 2.27 of the Bbl or is not mentioned in Articles 2.25 and 2.26 Bbl.
Environment plan activity
Step 1: the environment plan activity
The basis for the environment plan activity is contained in Article 5.1 paragraph 1 sub a of the Environment Act. Pursuant to this article, it is prohibited to perform an environmental plan activity without an environmental permit, unless it concerns a case designated by order in council.
Step 2: Does the activity fall under an exception to the permit requirement?
The permit-free environmental plan activities related to structures are included in Article 2.29 Bbl. These cases are always permit-free regardless of the rules included in the environmental plan.
Bridging ambient plan activity
If an activity falls under the exception to the permit requirement in the environmental plan, then the dowry rules apply or municipalities can modify the dowry rules.
Step 3: the dowry
The permit requirement for environmental plan activities construction works is included in Article 22.26 of the dowry. The exceptions are found in Article 22.27 of the dowry. If the activity satisfies the exceptions in Article 22.27 of the Bride Plan, then this activity is permit-free if the activity falls under Article 22.36 Bride Plan or the activity complies with the spatial rules of the temporary part of the environmental plan. If the activity does not meet the exception cases in Article 22.27 dowry, then an indoor environmental plan activity building permit is required.
