Summary of VTH Netwerksessie - 7 april 2025

The VTH Netwerksessie held on April 7, 2025, was a detailed webinar focused on the complexities and "gray areas" in applying the Dutch environmental and building regulations (notably the Omgevingswet and BBL) regarding permit requirements, notifications, and permit-free construction activities. The session was led by He from the Ministry of Housing and Spatial Planning, with Wico Angel Smid, director of the Association for Building and Housing Supervision, and HJ as key contributors.

Key Topics and Discussions:

1. Consequence Classes and Permit Requirements
   • Explanation of consequence class 1 (pre-class 1) under BBL article 2.17, emphasizing the importance of reading the legal text rather than relying on common parlance (e.g., industrial halls vs. industrial functions).
   • Distinction between primary and secondary usage functions of buildings and how these affect classification and permit requirements.
   • The legal impossibility of granting a permit for activities that are permit-free (consequence class 1) and the need to separate building parts by consequence class when multiple uses or buildings are involved.
2. Renovation vs. New Construction
   • Renovation is currently excluded from quality assurance but is under review for simplification due to administrative burdens.
   • Legal line states that if only the foundation remains, the building is considered new construction, requiring quality assurance and notifications.
   • Example from Hengelo where only the facade remained, legally classified as renovation, not new construction, thus not notifiable.
   • Complexities arise when parts of a building are new construction and others are renovation, affecting permit and notification obligations.
3. Equivalence in Construction and Fire Safety
   • Equivalence means alternative methods that meet the performance goals of the regulations without strictly following prescribed standards.
   • Fire safety equivalence is clearer due to designated standards and performance goals (e.g., compartment sizes, sprinkler systems).
   • Structural safety equivalence is more complex, with examples like steel fiber concrete or cross-laminated timber that do not fit standard norms but may still comply.
   • Use of advisory committees (ATGB) for non-binding expert advice on equivalence cases is encouraged.
   • Common misconceptions about automatic equivalence for certain materials or techniques (e.g., mortar screw piles, thatched roofs) were addressed.
4. Temporary Structures and Caravans
   • Temporary homes or caravans used during construction or renovation are generally permit-free as secondary buildings, but technical safety must still be assured.
   • Municipalities are advised to handle such cases pragmatically, focusing on documentation and cooperation with quality guarantors rather than strict formalities.
   • The challenge of repeated permits for moving caravans or temporary structures was discussed, with a practical approach suggested to avoid excessive administrative burden.
5. Multiple Buildings and Functional Separation
   • Determining whether a project consists of one or multiple buildings is crucial for applying consequence classes and permit requirements.
   • Factors include functional connection, structural connection, and the ability to separate parts technically and legally.
   • Examples included terraced houses with shared foundations and complex courtyard projects mixing different consequence classes.
6. Holiday Homes and Main Building Status
   • Holiday homes remain a contentious topic, especially regarding whether each unit is a main building or an associated building, affecting permit obligations.
   • Current legislation (Article 227) and zoning plans influence this, but inconsistencies and court rulings create uncertainty.
   • Suggestions were made to remove the "main building" concept from technical building law in future revisions to reduce confusion.
7. Legalization and Enforcement
   • Illegal construction or renovation without notification cannot be legalized through old legalization permits anymore; enforcement waivers are now the formal route.
   • Quality assurance officers should be involved early to assess and document compliance to avoid enforcement issues later.
8. Administrative and Practical Challenges
   • Phased notifications and completion reports for large projects are complex, with ongoing discussions on how to manage them effectively.
   • The need for clear communication between municipalities, quality guarantors, and project initiators was emphasized to avoid misunderstandings and legal problems.
9. Stone Strips and Facade Attachments
   • Stone strips (used in facades) fall under structural safety and equivalence discussions due to their role in force transmission.
   • The association provides protocols to manage risks, but municipalities vary in acceptance due to lack of formal designation in regulations.
10. Future Steps and Resources
    • Ongoing initiatives to clarify and simplify rules, especially on equivalence and renovation.
    • Development of recognized standard solutions to reduce ambiguity and administrative burden.
    • Encouragement to use advisory committees for complex equivalence issues.
    • Plans for a follow-up, more interactive session in mid-May.
    • Availability of publications, articles, and contact points (Omgevingswet@vng.nl).

Notable Quotes

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