Environment and Planning Act

One law for the physical living environment

As of January 1, 2024, the Environmental Planning Act has come into effect. This law consolidates and simplifies the existing regulations for the physical living environment. The Environmental Planning Act covers topics such as construction, environment, water, nature, infrastructure, and cultural heritage. Thus, the law replaces dozens of laws and hundreds of regulations in one cohesive system. 

What has changed? 

The core of the Environmental Planning Act is that all rules for the physical living environment are bundled in one place. Under this law, four decisions have taken effect: 

• Decision on Quality of Living Environment (Bkl) 
• Decision on Activities in the Living Environment (Bal) 
• Decision on Constructions in the Living Environment (Bbl) 
• Environmental Decision (Ob) 

Additionally, the Environmental Regulation applies. These decisions determine how municipalities, provinces, water authorities, and the national government implement licensing, supervision, and enforcement. 

From zoning plan to environmental plan 

With the introduction of the Environmental Planning Act, existing zoning plans and management regulations are abolished. Every municipality now establishes one environmental plan for the entire territory. This plan contains all rules regarding the use of space, including permit obligations, notification obligations, and possibilities for customization. 

The focus is on a balanced allocation of functions to locations. An environmental plan can indicate where living, working, construction, or nature conservation may occur. Thus, the plan provides direction for the spatial development of an area, with much more room for local customization than before. 

Permits under the Environmental Planning Act 

The environmental permit remains in place, but has a broader application. You may need a permit: 

• For activities that are indeed regulated in the environmental plan; 
• For activities that conflict with the plan, but can deviate (Bopa's); 
• Or if the plan does not regulate the activity, but rules apply at the national or provincial level. 

A large part of the existing regulations will temporarily apply through the so-called Bridal Gift a transitional arrangement that ensures existing rules do not suddenly disappear. 

Your questions about the Environmental Planning Act? 

The Environmental Planning Act has brought many changes. Whether you are developing a construction plan, drafting policy, or need a permit: it is important to know which rules apply and how you can anticipate them. 

Do you have questions about the Environmental Planning Act or the functioning of the environmental plan? Then contact our specialists for clear and practical legal advice.