WABO a specialist matter?

Wabo - Wet algemene bepalingen omgevingsrecht - Arcade Bouw Consult

Arcade Bouw Consult is taking you into the future of the construction industry this summer.
How do we as Arcade envision the future and what changes do we see ahead. In this second part:

WABO a specialist matter?

Building application or an application for remodelling was quite a chore before 10 years ago. A building or remodelling application required various permits to be applied for. The question then was always have we submitted all the applications?

The permit system at the time consisted of about 25 different applications with the aim of assessing the impact of the proposed building or remodelling project on the physical environment.

WABO (Environmental Law (General Provisions) Act)

On 1 October 2010, the WABO (General Provisions of Environmental Law Act) was introduced. The criteria have remained the same, but the system has changed considerably. 1 application form, 1 competent authority and 1 objection and appeal procedure for all permissions together. We no longer speak of an environmental or building permit, but of an environmental or building permit. The Wabo combines permits for housing, sleeping, space, building, environment and nature, among others.

Wabo ensures that licensing can be simplified and therefore faster. Shorter waiting times due to less lengthy procedures, prevention of conflicting rules and more targeted services. An application is now made to a single office and therefore to a single administrative body. This gives the municipality a foothold, but it can also enforce and act strategically. In addition, the Wabo offers various options for obtaining the environmental permit for a project.

  • One environmental permit for all activities in the project
    As the first word suggests, this is one application that includes all activities and therefore only one procedure. After the permit is granted, the applicant may realise the project.
  • Multiple (partial) permits for activities applied for separately by the applicant
    Multiple environmental permits applied for for one project. Consequence one procedure per application. The initiator can start with the part for which he has received the permit. Consequence may be that the project could not be completed in its entirety. The initiator may only realise the part for which he has received the permit. The question in this case always remains whether all authorised persons will also grant the permit for the project.
  • An environmental permit in two stages
    The application is split into two parts. Often, the first phase consists of the more spatial activities. E.g. deviation from the planning situation, construction activities and demolition activities. The second phase could then focus on e.g. building or environment.

Other divisions of activities are also possible. There are two procedures, one for each phase. The initiator can realise the project after obtaining a permit for both applications. Under current regulations, an environmental permit for construction under Section 2.10 of the Wabo must be assessed against the following 4 conditions:

  • zoning plan,
  • aesthetics memorandum,
  • building code and
  • building regulation.

What can Arcade do for your municipality?

Municipalities but also other (local) government bodies have to deal with applications that require a permit. These applications must be tested against the Wabo. This means, among other things, checking whether a proposed project complies with the zoning plan, the Bor, the Mor, the Building Decree, etc. A Wabo permit authority must therefore be aware of the existing laws and regulations regarding the area for which it grants permits.

To support municipalities in this special matter, Arcade bouw consults specialists who focus specifically on the Wabo. Our specialists can be deployed ad hoc as Wabo permit issuers to support the municipalities.

To find out more about the Wabo click here or call/email for more information.

info@arcadebouwconsult.com
0031 541 712 450

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