New building regulations on July 1, 2022

In doing so, it will have the full support of the local governments implementing the regulations. Thus, this will introduce the biggest changes to building regulations ever in one year's time. However, this introduction is already affecting construction projects in the start-up phase.

Indeed, several municipalities have already indicated informally that they will cooperate less frequently with new zoning plans for construction projects after this summer. Municipalities will then be in preparation mode for the Environment Act. Under the Environment Act, the zoning plan will disappear. All the zoning plans of a municipality will then form a single environmental plan.

In other words, already than this summer, the construction industry will be affected by the introduction of the new building regulations. Even if construction companies choose not to prepare yet. This no doubt from the idea that delay can lead to postponement.

Minister Ollongren and the Association of Netherlands Municipalities (VNG) both made it very clear on May 27, 2021 that all governments are fully behind the introduction of the Environment Act and the Building Quality Assurance Act. The six-month postponement is intended to give municipalities more time to practice with ICT. There are also "temporary alternative measures" ready for municipalities that really do not have their ICT set up in time. In no way are they in doubt about the implementation. Not surprising either now that hundreds of millions of euros have already been invested in preparations. Moreover, the House of Representatives and Senate have adopted the regulations with large majorities. All that remains now is the effective date. At the moment there is no reason to think that this lies in the distant future, as was wrongly suggested in the Cobouw recently.

In fact, on December 1, 2020, the House of Representatives has already agreed that the new building regulations will take effect on January 1, 2022. In addition, on February 25, 2021, the House of Representatives voted down a motion by the Green Left for further delay. Moreover, the political parties that won in the March 18, 2021 elections are in favor of rapid implementation.

The Senate has some more doubts about the introduction. This one fears problems with ICT. The question is whether the Senate is convinced by the extra six months of practice with ICT. However, the Senate did pass both the Environment Act and the Implementation Act for the Environment Act and the Building Quality Assurance Act with large majorities.

So the shadow effect of the Environment Act is already working ahead after this summer. It is therefore wise to opt for an environmental permit for deviation from the zoning plan more often than for a new (postage stamp) zoning plan to make your building project possible. The procedures are similar.

In addition, it is also wise to adjust your agreements and general terms and conditions now in view of the arrival of the Building Quality Assurance Act. Although a covenant is in the making, it is not yet certain that Minister Ollongren will actually regulate in time that a completion file will not be required for construction projects that have already started before July 1, 2022. It is also advisable to participate at least once in a pilot project. The quality assurance officer who will soon supervise construction may rely in part on your own internal quality systems. Then it is useful to examine your quality systems during a pilot project. Incidentally, the cost of a quality assurance officer in a larger construction project (repetition) will be proportionately lower. Municipalities should already discount fees now. Under the Environment Act, municipalities may only have fees for the environmental permit for the environmental plan activity. So not for the technical part that the quality assurance company assesses.

Of course, it is possible to submit a permit application shortly before the effective date. However, many municipalities have already indicated they have little appetite for a flood of applications under the old law. If the municipality gives you a short deadline to complete your application and you are unable to comply, the municipality will disregard your application. You will then have to submit a new application and you will still fall under the new law. In short, do not wait until the very last moment to submit new applications.

mr. dr. ing. Peter de Haan, law partner PDH Advocatuur and senior lecturer of the SBO Construction Licensing course