Date: July 13, 2020
Modified November 14, 2023
Reading time: +/- 2 minutes
Making homes more sustainable is becoming increasingly important. Around the roof, there are several ways to make a house more energy efficient. Replacing an old roof, adding insulation and, for example, installing solar panels on the roof. This article explains the possibilities for permit-free work on and on the roof and permit-free installation of solar panels, for example.
When performing construction work on the roof of an existing building, there are two relevant cases in which that construction work is permit-free.
First, this is ordinary maintenance. Replacing roof tiles is permit-free and falls under ordinary maintenance. Ordinary maintenance includes work aimed at preserving what is there. It involves not changing the detailing, profiling or design of the structure. Work does not fall under ordinary maintenance if the function changes. However, the color of roof tiles can be changed without an environmental permit. The change of color is not a change of detailing. The complete replacement of the (load-bearing) roof construction will most likely not qualify as ordinary maintenance.
The second category of permit-free building work concerns changes to a structure, without changing the supporting structure and (sub)fire compartmentation and where the built-up area and building volume are not expanded. For this category, the construction work is permit-free, but must comply with the zoning plan.
Incidentally, it should be kept in mind that permit-free does not mean that building is also rule-free. The 2012 Building Decree simply applies and building inspectorate supervision can also take place after permit-free construction. Moreover, stricter requirements apply to monuments and in protected city and village sights.
An example of an unlicensed change to a structure. Adding new insulation is not preserving what was there, so there is no ordinary maintenance. This can still be (building) permit-free, but the condition is that the building volume must not increase. If the roof becomes higher because of the installation of insulation, there is an increase in building volume and a permit is required.
There is no increase in building volume if the insulation material is applied to the inside of the roof. The installation of insulation material on the inside of the roof is then permit-free for the activity of building. It is important that the supporting structure and fire compartmentation are not changed. If this is the case, an environmental permit is required.
It is also possible under conditions to install solar water heaters and solar panels on roofs permit-free. The conditions for solar panels and solar collectors are the same.
The collector or panel must form a whole with the installation for storing the water or converting the generated electricity. If this is not the case, that installation must be placed on the inside of the structure. Next, conditions apply to pitched roofs and to flat roofs. On a pitched roof, the solar panels must be placed inside, in or directly on the roof plane and the angle of inclination must remain the same as the angle of inclination of the roof plane. Thus, the solar panels should not protrude. On a flat roof, the distance to the sides of the roof must be at least equal to the height of the collector or panel. If the highest point of the solar panel is 30 centimeters high, then the distance to the side of the roof must also be 30 centimeters.
It is possible to perform permit-free ordinary maintenance on a roof as long as the detailing, profiling or design of the structure is not changed. A change to a roof that extends beyond ordinary maintenance can often also be done permit-free, only that the change must be in accordance with planning regulations. Solar panels or solar water heaters can also often be installed permit-free. However, there are some conditions that must be taken into account.
If the work is permit-free, no prior approval from the municipality is required. This saves time, because an application does not have to be decided on first. It also makes planning easier, because implementation no longer depends on a decision from the municipality. In addition, it saves fees, because fees must be paid to obtain an environmental permit. By the way, there are some municipalities that give substantial discounts on fees for sustainable construction work.
All in all, it can therefore save a lot in terms of cost and planning if construction work can be carried out permit-free. It is therefore advisable where possible to arrange work so that it can take place permit-free.
As attorneys for business owners , we understand the importance of staying ahead. Together with us, you will have all the opportunities and risks in sight. Feel free to contact us and get personalized information about our services.