In many cases, you may place an informal care home permit-free under certain conditions. This is regulated in the Living Environment Buildings Decree (Besluit bouwwerken leefomgeving - Bbl) and local zoning plans. The status depends on the location and dimensions of the structure on your plot.
Permit-free construction
The permit-free placement of an informal care home is intended to speed up the process in case of acute care needs. You are usually allowed to place the home permit-free if the following basic conditions are met:
- The home is located in the back garden or on the rear yard area (the part of the plot that lies behind the main house and does not border the public road).
- The home complies with the construction rules for associated buildings, such as the maximum permitted dimensions in relation to the size of your plot 1.
- The need for informal care is demonstrable (via an official medical statement or CIZ indication) 2. Without this demonstrable care relationship, permit-free construction is not possible.
Important
Even with permit-free construction, you must always comply with the technical construction requirements (such as fire safety, ventilation, and insulation) from the Bbl. Furthermore, a notification to the municipality is often required. Always check the details with your municipality.
Permit-required construction
An environmental permit is required, or the municipality will assess the application more strictly, in the following situations:
Placement and dimensions
- Placement in the Front Yard: The home is placed in the front section of the plot (front yard). This is the area between the front facade of the main building and the public road.
- Exceeding Dimensions: The home is larger than the maximum permitted dimensions for permit-free outbuildings, as determined by national rules and/or your local zoning plan.
Zoning plan and location
- Inconsistency with zoning plan: The local zoning plan imposes strict restrictions that prevent construction. In that case, you must go through a deviation procedure (environmental permit).
- Protected village or cityscape: If the plot is located in an area designated as a protected village or cityscape (usually due to historical value), stricter rules apply to the appearance and integration of the home.
- Nature and environmental areas: When placing in or near Natura 2000 areas or other nature or environmental protection zones, a permit may be required due to the Nature Conservation Act, or the permit may even be refused.
- Planned changes: If the municipality is working on a change to the zoning plan that has direct consequences for your plot, the application may be suspended or assessed against future rules.
Procedural requirements
In all permit-required cases, a statutory decision period applies to the municipality, and permit fees (processing costs) may be charged.