The Omgevingswet and Building Quality Assurance Act

On Jan. 1, 2024, the Omgevingswet went into effect. Less well known is that on that date, the Building Quality Assurance Act (Wkb) also went into effect. We are happy to explain what both laws entail and what they mean for you.

What is the Omgevingswet?

The Omgevingswet merges the laws and regulations about our "physical environment. These are laws and regulations for housing, roads, environment, nature and water. The Omgevingswet makes the procedures clearer. Do you want to start a project, such as an expansion of your home or business? Then you only need to apply for one permit at one desk: the Environment Desk.

What does the Omgevingswet mean for you?

You will have to deal with the Omgevingswet from 2024 if you want to build or renovate something on your house or garden. For example, if you have plans to renovate your house, cut down a tree, organize an event, or if you are an entrepreneur and want to build a shed next to your business premises. For this you may need a permit. Or you may need to file a notification. You can look this up and request it in the new digital Omgevingsloket from January 1, 2024.

You may also have to deal with the Omgevingswet Act if someone else wants to change something in your neighborhood. For example, if your neighbors want to put up a garage. You are then a stakeholder.

What is the digital Environment Counter?

The digital Environment Counter is a website. You will find all the information and rules from the municipality, the water board, the province and the rijksoverheid about the environment. At this online counter you can check online whether you need a permit. You can also apply online for a permit or make a notification to the municipality, province or water board. We recommend that you always make an appointment (first) at the municipal counter or call/email the municipality about your permit application.

Participation under the Omgevingswet

The municipality of Nuenen wants residents to feel involved in what happens in their municipality. The new Omgevingswet encourages participation. Participation means that initiators - these can be residents, entrepreneurs, organizations and also the municipality itself - enter into a dialogue with their surroundings about their plan. They are responsible for this. This means that an initiator informs the environment itself and/or asks for input on the plan.

Not everyone has to ultimately agree with your plan, but if people feel heard, it does reduce the likelihood that they will object at a later stage. Better plans often come out of it, too. Involving the environment in the creation of a plan may cost you extra time at the front end, but it usually saves time over the entire process. Moreover, it is simply a matter of common decency to talk to your surroundings about what you want to do.

The municipality has produced a guide to participation. In it you will find all kinds of points of interest that are important to think about. The guide is not meant to be a compulsory step-by-step plan for participation. You can use the guide as you see fit.

What is the Building Quality Assurance Act (Wkb)?

The Omgevingswet cuts the building permit into two parts: a spatial permit and a technical permit. The spatial building permit deals with whether you may build the building you want on a particular site. This is stipulated in the municipal environmental plan. The technical building permit is about whether your structure meets the technical rules and quality requirements. Previously, the municipality performed this check. Under the Wkb, this is a task of the quality assurance agency. This is an independent inspector who checks during design and at the construction site whether a building meets the technical requirements. The purpose of this is that the quality of brewed improves through fewer construction errors and defects.

As of Jan. 1, 2024, the Building Quality Assurance Act initially applies only to new construction in the lowest risk class (consequence class 1). Examples include a house, bicycle or pedestrian bridge, recreational home and a small industrial building.

What does the Wkb mean for you?

Is your building plan a structure according to consequence class 1? Then from January 1, 2024 you must engage a quality assurance contractor yourself. Your contractor or architect can help you with this. Without a quality assurance officer you cannot submit a building notification. You may then not start building.

New way of working takes getting used to

The new Omgevingswet and the Building Quality Assurance Act (Wkb) require a different way of working that is new for everyone. In the beginning this will take some getting used to and discovering. We do everything we can to help you as much as possible with your (re)construction plans according to these new laws and working methods. 

Questions?

Do you have a building plan or initiative and questions about the Omgevingswet or the Building Quality Assurance Act? Please contact us via the general telephone number (040-2631631) or via e-mail on the subject of Wkb(bouwtoezicht@nuenen.nl) and on the subject of Omgevingsvergunning via e-mail(omgevingsvergunning@nuenen.nl).

If you need help applying for a permit through the new digital Environment Counter, you can also contact us from Jan. 1, 2024.