Permit-free construction

Ancillary structures in the rear garden zone

The largest category of permit-free structures for private individuals is the so-called associated structures: extensions, outbuildings (sheds, garages, garden houses) and canopies. Permit-free building is only permitted in the rear garden area. That is the part of your plot that starts 1 metre behind the front facade of the dwelling and does not border publicly accessible land. In the front yard area a permit is always required.

What typically does fall within the scheme?

• An extension at the rear of the home (e.g. a living room or kitchen extension) if the total built-up area stays within the limits.
• A detached shed or garage in the back garden.
• A canopy over an existing patio, provided the dimensions are correct.
• A garden office or hobby space at the back of the garden, provided the use is subordinate to the home.

What typically falls outside the arrangement (always permit required)?

• Any extension to the front facade or in the side garden area in front of 1 metre behind the front facade.
• Outbuildings used as independent living space or accommodation.
• Canopies at the front that border public land.
• Structures that exceed the maximum built-up area.

Maximum footprint The permitted area depends on the size of the building area. The building area is the rear plot area plus the land under any existing extensions and outbuildings belonging to the home:

• Building area up to and including 100 m²: a maximum of 50% may be built on.
• Building area from 100 to 300 m²: 50 m² plus 20% of the part above 100 m².
• Building area larger than 300 m²: 90 m² plus 10% of the part above 300 m², with an absolute maximum of 150 m².

If you already have an existing shed of 20 m², this counts towards your total built-up area. You cannot simply add up without taking into account what is already there.

Height restrictions An ancillary structure may not be taller than 5 metres. If the structure is more than 4 metres from the home, additional rules apply:

• The maximum eaves height is limited by default (see the Bbl for the exact standard).
• A taller design is only permitted with a pitched roof with at least two roof planes and a maximum pitch angle of 55 degrees.
• The maximum roof height is then calculated based on the distance to the plot boundary.

Use rules Within 4 metres of the dwelling, the structure may have the same or a subordinate use to the dwelling: a living room extension is therefore permitted. More than 4 metres from the dwelling, it may only have a subordinate use, such as a storage room or hobby space. There may be no habitable area on the second floor or higher, and no roof terrace or balcony.

These rules are set out in article 2.29 Bbl and the temporary bruidsschat provisions (article 22.27 and 22.36 Omgevingswet), which apply until municipalities have adopted their definitive zoning plan. Do the permit check on the Omgevingsloket to check what applies to your plot.

Are you planning a extension of outbuilding installed? A structural calculation is also legally required for permit-free structures, and Tekenpunt arranges it for you.

Permit-free dormer on the rear roof slope

A dormer in the rear roof slope (or a side roof slope that does not border publicly accessible land) is permit-free for the spatial planning aspect if all of the following dimensions are met:

• The dormer has a flat roof.
• The height measured from the foot of the dormer is no more than 1,75 metres.
• The bottom is more than 0,5 metres and less than 1 metre above the eaves.
• The top is more than 0,5 metres below the ridge.
• The sides are more than 0,5 metres from the sides of the roof plane.

All five of these conditions must be met simultaneously. If your dormer window meets all five, you do not need a permit for the spatial part.

Front roof plane: always subject to permit A dormer window in the front roof plane (the roof plane facing the front of the home) is never permit-free. Not even if the dimensions are otherwise identical to a permit-free rear dormer window. The position relative to the street is the decisive factor here.

Side roof slope on a corner plot If you live on a corner plot, your side roof slope often borders a public pavement or road. In that case the side roof slope is treated as a front roof slope and a dormer window there also requires a permit. If in doubt about the classification of your plot, check with the municipality or carry out the permit check.

Technical building activity Even though the spatial part is permit-free, the structural side of a dormer requires attention. The roof structure is reinforced and openings are made in the roof plane. A structural calculation is a standard part of a dormer project and determines whether the existing roof can handle the extra load. Read more on our page about have a dormer built.

Roof windows and rooflights

A roof window (or rooflight, Velux type) that sits flush with the roof plane falls under the permit-free arrangement in most cases, because it does not change the shape of the roof. The roof window has no upstand of its own that protrudes above the roof plane: it sits, as it were, recessed into the roof plane. This distinguishes it from a dormer, which forms its own structure above the roof plane.

Conditions that play a role in practice:

• The roof window must not place a disproportionate load on the roof's structure. A structural check is always advisable.
• Extra restrictions apply to listed buildings and protected townscapes (see the section below).
• Some municipalities have rules in their zoning plan about the maximum glass surface area or the position of roof windows on the front roof plane.

A skylight or roof light on a flat roof (e.g. in an extension) also generally falls outside the permit requirement as long as it does not constitute an independent structure. To be safe, always carry out the permit check if you are in doubt.

Are you planning to combine multiple roof windows with a dormer window or roof extension? Then you are looking at a combined project in which the total dimensions are decisive.

Where it goes wrong: national monument, protected townscape and the zoning plan

Permit-free construction has a number of serious exceptions that surprise many owners.

National monuments and pre-protected monuments If you build on, at or near a national monument or a pre-protected monument, most permit-free options no longer apply. Every activity that demolishes, disturbs, moves or alters a national monument falls under the national monument activity and requires an environmental permit. This also applies to activities that damage or endanger the monument. Are you unsure whether your property is a listed monument? Check the Monument Register at rijksoverheid.nl.

Municipal monuments A municipal monument also has additional protection. The rules for this are set out in the municipality's environment plan and may differ per municipality. Check with your municipality whether restrictions apply to outbuildings, extensions or dormer windows.

Protected townscape If you live in a nationally protected townscape or village scene, restrictions apply. Permit-free building activities are only permitted if they relate to the rear facade or the rear roof surface, and that facade or roof surface does not look out onto publicly accessible land. Structures at the front or side that are visible from public space are almost never permit-free in a protected area.

The municipality's zoning plan Even if something is technically permit-free under the Bbl, your municipality can impose additional spatial rules via the environment plan. Some municipalities restrict outbuildings in height or footprint beyond what the Bbl permits, or set aesthetic review requirements via the environment plan. Permit-free therefore does not mean your municipality has no further say.

The consequences of building without the right check If you build something that turns out to be subject to a permit requirement after all, the municipality can start an enforcement procedure. In the worst case you'll have to demolish the structure at your own expense. An illegal structure can also cause problems with the notary or the buyer when selling the house. So always do the permit check via the Omgevingsloket before you start, even if you think something is permit-free. For a building permit Tekenpunt helps you with the complete application including structural calculation.

Permit-free renovation on the inside

Internal renovations are in many cases outside the permit requirement as far as the environment plan activity is concerned. Think of:

Typically permit-free (internal):

• Demolishing or relocating non-load-bearing interior walls.
• Installing or renovating a bathroom or kitchen.
• Changing the layout of rooms, provided there are no structural interventions.
• Renewing floors, ceilings or finishes.

Always requires attention, including internally:

• Removing or altering a load-bearing wall or column: this is a structural intervention. A structural calculation is mandatory to demonstrate that stability is maintained. Tekenpunt provides this calculation.
• Creating an opening between two storeys (opening up a floor): this is also structural and requires a calculation.
• For a listed building, internal changes to protected elements can also be subject to a permit requirement.

Remember: even for permit-free internal renovations you must comply with the fire safety requirements of the Bbl. Sometimes a renovation creates a new situation in which smoke detectors must be placed in the right locations or escape routes must not be blocked.

Are you unsure whether your internal renovation is structurally significant? Have it assessed first. Correcting things afterwards costs far more than a check upfront.

Always check first: the permit check

The only reliable way to know whether your specific building plan is permit-free is the permit check on the Environment Desk (omgevingsloket.nl). The check asks for the exact location and the type of structure and gives an answer based on the applicable national rules and the zoning plan of your municipality.

Always complete the check in full. A dormer on the rear roof slope can be permit-free, whilst the same dormer at the front requires a full permit application. The location on the dwelling makes the difference.

Note that the permit check distinguishes between:

• The technical building activity (Bbl part): is a permit or notification needed for the structure?
• The zoning plan activity (spatial part): is a permit needed for the placement at that location?

The two outcomes can differ. A structure may be permit-free for the spatial part, but still require an assessment for the technical part.

Do you still have questions after the check, or do you want to be sure your application is correct? Tekenpunt takes care of the complete building permit application, including drawings and structural calculation.

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