Environment Act and BRL SIKB certification

On January 1, 2024, the Environment Act and the Living Environment Activities Decree (Bal) entered into force and, at the same time, the Soil Quality Regulations 2022 (Rbk 2022). The Environment Act regulates everything for the space in which we all live and work: the living environment. The new law, which aims to simplify and bundle existing laws and regulations on nature, the environment, building and housing, applies to all Dutch residents, organizations and companies. So also for the GWW, a sector in which the new rules and regulations could potentially cause the necessary changes in everyday practice. 

One of the most important aspects is the intended uniformity of rules and procedures. This uniformity may lead to simplification or adaptation of specific requirements and processes related to certification under the BRL SIKB (Assessment Directive Foundation Infrastructure Quality Assurance Soil Management). "The basic idea and objectives of the new Environment Act may be crystal clear, but its precise impact on the entrepreneurial Netherlands in particular remains to be seen in the near and further future," says Peter Koomen, lead auditor/team leader BRL SIKB regulations on behalf of Normec Certification, the largest certification body in the Netherlands in the field of quality, environment and safety. "The idea of the law is to provide a coherent approach to the physical environment, bringing together the concepts of spatial planning, construction, environment and nature. How all this will develop over time is not yet exactly clear. What we do know is that the Environment Act, although it does not specifically address BRL SIKB certificates, may indirectly cause changes that affect the way soil quality and soil remediation are regulated and certified." 

Impact 

The changes Peter refers to may be caused, among other things, by greater uniformity in regulations, one of the focal points within the new law. "To this end, adjustments have already been made to the requirements that BRL SIKB performers must meet so that they are more in line with the general regulations for the physical environment," he explains. 

A second possible change concerns digitization and information provision. "The Environment Act introduces the Digitaal Stelsel Omgevingswet (DSO, ed.), a digital platform on which all information about the physical environment will be accessed," Peter said. "This may affect how information about soil quality and soil remediation is shared and managed. This in turn may have an impact on the processes surrounding BRL SIKB regulations."

Another possible development is linked to participation and collaboration, two aspects that the Environment Act firmly encourages between different stakeholders around spatial developments. "This may mean more focus on involving citizens, companies and other parties in soil remediation projects and the development of standards and certifications. And that in turn may have an effect on BRL SIKB certifications," Peter said, emphasizing additionally that the exact impact of the Environment Act on BRL SIKB certifications will depend on the specific implementation regulations, interpretations and practical experiences that will develop with the introduction of the law. "I therefore strongly advise contractors to follow closely the relevant laws and regulations and any additional information from the relevant authorities." In the meantime, a number of BRL schemes, such as BRL 6000 and BRL 7000, are still subject to an interim solution until Jan. 1, 2026. Then the old versions will expire. In addition, all works reported and disposed of before December 31, 2023 still fall under the old regulation. New remediations must be reported through the Environment Desk (DSO).     

Extensive certification expertise

Based in Geldermalsen, Normec Certification (part of Normec) strives for continuous improvement and anticipates changes in laws and regulations. The company has extensive expertise in the field of certification, including the various soil-related BRL SIKB regulations most affected from the Environment Act. "Through our experience and accreditation, we can support our clients in complying with new standards and requirements arising from the Environment Act," Peter points out a key added value of the organization. "In addition, we are strongly committed to customer-focused services, working closely with our clients to understand their needs and provide tailored solutions."