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ESG and the Environment Act: did you know?

Blogs ESG Annelies Plooij
On Jan. 1, 2024, the Environment Act entered into force. The law is the new and most important law for the physical environment. An important pillar is sustainable development. Entrepreneurs also have to deal with this law. So the law rightfully falls under the umbrella of ESG legislation. A list of eight know-your-dates. How many can you answer ''yes'' to? We conclude with a free tip!

1. Did you know that the wording ''sustainable development'' is a building block in the Environment Act?

The wording of a ''sustainable development'' can be found in the description of the central objective of the Environment Act. This objective can be found in the law itself.

2. Did you know that as of January 1, 2024, the Building Works Decree for the Living Environment (BBL) contains the technical building regulations for structures?

Before January 1, 2024, the Building Decree 2012 applied. This regulation expired on January 1, 2024. Thus, the 2012 Building Code no longer exists. In its place has come the BBL.

3. Did you know that the sustainability requirements for buildings can be found in the BBL? In the BBL you can find the sustainability requirements for buildings. Think, for example, of the requirements for Nearly Energy Neutral Buildings (BENG requirements), the environmental performance requirements, requirements for the charging infrastructure for electric vehicles (charging points and pipe penetrations) in buildings and requirements for a building automation and control system in buildings. Energy label requirements can also be found in the BBL.

4. Did you know that transitional law applies to building permit applications submitted before Jan. 1, 2024? And specific transitional law applies to requirements for a building automation and control system in buildings (later effective date)?

The Environment Act is a new law and therefore the law also provides for various so-called transitional law provisions. The idea is that in this way the new legal reality will be managed. Because of transitional law, it is possible that the old law still applies and that certain new requirements do not yet apply.  Did you submit an application for permission to build before January 1, 2024? If so, your application will be handled through the old law. For example, the requirements that have not yet come into force are the requirements for building automation.

5. Did you know that zoning plans no longer exist, and an environmental plan now applies to the entire municipality?

The legislator wanted to get rid of the many zoning plans that existed within a municipality. With the Environment Act, one plan now applies to the entire municipality: the environmental plan.

6. Did you know that existing zoning plans within a municipality prior to January 1, 2024 are temporarily included in the municipality's environmental plan?

All existing zoning plans in place prior to January 1, 2024 have automatically become part of the respective municipality's environmental plan.

7. Did you know that municipalities will have until January 1, 2032 to convert the temporary part of the Environment Plan and other rules on the physical environment into a new Environment Plan?

So the ''relocated'' zoning plans from before January 1, 2024 will have limited validity!

8. Did you know that an environmental plan can also include mandatory provisions?

What is new is that environmental plans can now also include mandatory provisions. Municipalities see opportunities to enforce sustainability through the environmental plan in order to accelerate the energy transition. Including climate adaptation measures in a mandatory provision is also one of the new possibilities. It remains to be seen how municipalities will take this up. It is clear that sustainability is an important building block in the Environment Act. Despite the Omgevingswet and the BBL (as one of the underlying acts) recently entered into force, the first amendments to the BBL are already on the agenda. We would like to refer you to an earlier blog about this. The concrete date when all the changes in the BBL will take effect is still a question. Needless to say, we are keeping a close eye on this. Many municipalities are also busy working on environmental visions and environmental programs. The visions contained therein will be translated into the environmental plan. The environmental plan contains the rules that apply to a piece of land within a municipality. They are rules about building on this land or using this land. The rules can therefore also affect your business operations. For the environmental plan specifically, each municipality before 2032 must have converted the temporary part of the environment plan to the new part of the environment plan. Municipalities are expected to do this conversion in phases. So be alert for decision-making from the municipality that affects or may affect your piece of land. After all, the existing zoning plans now have a limited validity period, because they are now part of the temporary part of the environmental plan. When making a (proposed) change, critically examine whether it may affect your situation.

Our free tip!

You can submit a view on an environmental vision or environmental plan. This also applies to the environmental plan. These are first made available for inspection as a draft. An adopted (amended) environmental plan can also be appealed (sometimes also when a program is adopted). All three can affect your development plans, business operations or living and working environment. It is therefore important to keep a sharp eye on any decision-making within your municipality. There are also deadlines for submitting an opinion or filing an appeal. So don't wait too long! A free tip:Sign up for the government email service. You can do this at: https://www.overheid.nl/berichten-over-uw-buurt!

Our help

Need a quick initial assessment of your situation? Need quick advice on whether action is necessary? Feel free to contact us without obligation. Together we will make a quick scan of your situation. Together we will then determine whether it makes sense to file an opinion or an appeal. Should this be the case, we will discuss with you the necessary follow-up steps.