Environmental law in practice

There is one law that regulates everything for the space in which we live and work: the Environment Act. This new law applies to all residents, organizations and entrepreneurs. The Environment Act simplifies the rules for much of what you see, smell and hear outside. This includes all rules of municipality, water board, province and state for housing, roads, environment, soil, water, monuments, nature and noise.

If you want to (re)build something on your house or garden, you will have to deal with the Environment Act. For example, if you have plans to renovate your house, cut down a tree, organize an event or if you want to build a shed next to your business premises. For this you may need a permit. Or you may have to file a notification. Soon you can look this up and apply in the new digital Omgevingsloket(external link). You may also have to deal with the Environment Act if someone else wants to change something in your neighborhood. For example, if your neighbors want to build a garage. You are then a stakeholder.

The digital Omgevingsloket(external link) is a website. There you can find all information and rules about the environment from the municipality, the water board, the province and the state. Through this counter you can check online whether you need a permit. You can use the Omgevingsloket online to apply for a permit or make a notification to the municipality, province or water board. Of course, you can always make an appointment (first) at the municipal counter or call/email the municipality about your permit application.

Would you like to know how the digital Omgevingsloket works and how to log in? Then go to the online Help Center on the digital Environment Counter(external link).

If the municipality, water board or province has already granted you a permit, it remains valid. You do not have to do anything in that case. If the municipality, water board or province still has to process your application, it will in principle be done according to the old law. However, you must then have ensured that all required documents accompanying your application had been properly submitted before January 1, 2024.

Especially for entrepreneurs, the central government has set up several web pages about the Environment Act:

• Explanation for business(external link)
• Digital starting point for businesses to get started with the changes of the Environment Act: the l(external link)andelijke program 'Aan de slag met de Omgevingswet'(external link). Free workshops(external link) are also offered here.

See the page Building Quality Assurance Act.

The new Environment Act and the Building Quality Assurance Act (Wkb) require a different working method that is new for everyone. In the beginning this will take some getting used to and discovering. The new digital Omgevingsloket (external link)is constantly being improved: its comprehensibility and user-friendliness. We will do everything possible to help everyone with their building and renovation plans according to these new laws and methods.

The frequently asked questions and answers about the Environment Act, the Building Quality Assurance Act (Wkb) and the Environment Counter(external link) can be found on the website Wegwijzer voor veelgestelde vragen Omgevingswet, Wkb en Omgevingsloket(external link)

If you have questions about the Environment Act and/or Building Quality Assurance Act for your building plan or initiative, please contact us via telephone number 0492-378 500 or via e-mail gemeente@gemert-bakel.nl. If you need help applying for a permit through the new digital Omgevingsloket,(external link) you can also contact us.

How wonderful that you have plans to realize something beautiful in our municipality of Gemert-Bakel! We would like to let you know that we are happy to show you the way in the procedures to be followed, especially in this period when we are facing some restrictions due to the coming into force of the Environment Act. We can point out the possibilities and opportunities to make your initiative a success.

If you want to (re)build something on your house, garden or business, or you have an even bigger (building) plan, you have to deal with the Environment Act. You may need a permit for these plans. Or you may have to file a notification. You can look this up and request it in the new digital Environment Counter. You can also use the digital Environment Desk to request a preliminary consultation with the municipality. This consultation offers the opportunity to share your ideas with us; the right questions from our side, and the discussion about this with the specialists from the municipality will help you to further develop your ideas into a solid plan. This preliminary consultation is completely in line with the new working method of the Environment Act. The Environment Act and the Building Quality Assurance Act (Wkb) require a different working method that is new to everyone. At first, this will take some getting used to and discovering, but we will do everything we can to advise you as best we can with your building and renovation plans. The new digital Omgevingsloket is also continuously being improved: we will work hard on the comprehensibility and user-friendliness in the coming year.

As an initiator with a spatial plan in the municipality of Gemert-Bakel, you go through a structured process to realize your idea.

The route of your Omgevingswet customer journey looks like this in outline:

1. Development of first idea: a (building) plan you want to realize.
2. You can seek advice from the municipality to better shape your idea by requesting a preliminary consultation.
3. If necessary, adjust your ideas based on these consultations.
4. Your idea has grown into a concrete (building) plan:
5. You can submit a permit check and application for your (building) plan through the national digital Environment Desk.
6. You are applying for an environmental permit.
7. Your application will be reviewed against the environmental plan.
8. If your (building) plan is in line with the environmental plan, you will receive an environmental permit within the applicable time limits.
9. If your (building) plan does not fit, a review of the handbook "spatial initiatives under the Environment Act" will follow.
10. If your (building) plan falls within the criteria of this handbook, there is a possibility that you could obtain a BOPA permit (out-of-plan environmental plan activity). This is also an environmental permit, but for an activity that conflicts with the environmental plan. However, this requires a more extensive review of the application.
11. If your (building) plan does not meet the criteria, an amendment to the environmental plan is currently required, but this is not currently possible within the Municipality of Gemert-Bakel.

This process provides a clear structure to realize your spatial plans within the applicable regulations and policy frameworks of the municipality of Gemert-Bakel.

To help you navigate the permitting process, we have developed a handy flowchart for initiators. This flowchart provides an overview of the various permitting options and will help you get a clear picture of the process and the steps you can take. You can access the diagram below.

If you have any questions or need additional information, please do not hesitate to contact us.