Removal and relocation also permit-free

On May 13, 2020, the Division ruled that a structure can be removed and put back in place for repair without a permit. This in fact falls under ordinary maintenance. This is beneficial because (re)construction often requires an environmental building permit. In order for a structure to be reinstated permit-free, a number of conditions must be observed. The maintenance must be aimed at preserving what was there and the appearance and size may not be changed.

Permit-free construction

The situations when permit-free construction can take place are listed in Article 2, Appendix II of the Environmental Law Decree (hereinafter: Bor). One of those situations is "ordinary maintenance of a structure, insofar as the detailing, profiling and design of that structure do not change". As soon as there is a change in the detailing, profiling or design of a structure, Article 2, Appendix II of the Bor no longer applies. However, there may then be a permit-free change as mentioned in article 3 part 8 of Annex II of the Bor. For article 2, building (including ordinary maintenance) may also be permit-free if it conflicts with the planning regulations. This does not apply to Section 3, where the planning permission requirement continues to apply.

What falls under ordinary maintenance?

Ordinary maintenance refers to work aimed at preserving what is there. An example of ordinary maintenance is replacing window frames with the same type of window frames. The criterion is to keep the same appearance. However, there is a change in detailing, profiling and design if the window layout is changed. Then again, replacing wooden window frames with plastic window frames with a wood-like appearance is possible.[1]

Previously, the Division ruled that converting office spaces into living spaces does not fall under ordinary maintenance because this work is not aimed at preserving the function. The fact that both functions fit within the zoning does not change this.

So ordinary maintenance refers to preserving what is there. The Division ruled in 2016 that replacing red roof tiles with shiny black tiles falls under ordinary maintenance and is therefore permit-free. According to the Division, the detailing, profiling and design of the roof tiles do not change. Thus, the change of color is not a change in detailing and can fall under ordinary maintenance.

By the way, the requirements for a monument are stricter; here, according to Article 3a of Annex II of the Bor, the color or type of material may not be changed permit-free.

Removal and relocation also permit-free

In a May 13, 2020 ruling, the Division ruled that the (temporary) removal and relocation of a structure can also qualify as permit-free normal maintenance.

The Aldi in Apeldoorn received a permit in 2014 to place an advertising column next to the supermarket. In 2017, this advertising column was hit by a truck and severely damaged. The advertising column was subsequently removed and placed elsewhere for repair. Approximately 2 months after the incident, the advertising column was placed back and an enforcement request was filed. According to the appellants, the reinstatement of the advertising column is not permit-free because, among other things, the entire structure - except for the foundation - was demolished. The college argues that it is ordinary maintenance and therefore has no authority to take enforcement action.

The Division rules that there is ordinary maintenance and thus no environmental permit is required for the reinstatement. The Division indicates that several circumstances come into play here:

• The work focused on preserving what was there before the collision occurred;
• The size and appearance of the advertising column did not change after repair;
• Foundation of the structure was not removed and the remaining part was temporarily removed only for the purpose of repair.

Permit-free building to preserve what was there

It is possible to carry out permit-free construction work for ordinary maintenance. The work must then see to preserving what is there. Removal - excluding foundations - is allowed to the extent necessary for repair. Changing colors is also allowed. Ordinary maintenance with the aim of changing the function is not permit-free on the basis of art. 2, part 1 Annex II Bor. That may be permit-free based on art. 3, part 8 Annex II Bor.

If enforcement problems are expected, it is important to properly document what was there prior to the work and what was done to repair or maintain it. Another option is to apply for an environmental permit, indicating that, in the applicant's opinion, the construction work is permit-free. If the college shares that opinion, the college will notify that the application will not be considered because no permit is required.

[1] NvT to the Bor(Stb. 2010, 143), p. 140.