Zoning plan and permits: what you need to know before the sale

Why this is so important

An interested buyer will only commit seriously once they are certain they can do what they plan to do in your property. A production company wants to be sure there are no noise restrictions. A catering entrepreneur checks whether a permit can be obtained. A developer wants to know if residential housing is possible. One wrong assumption and the entire transaction is on thin ice.

As a seller, you can make the difference here. A dossier in which the zoning plan, use permit, environmental permit, and any specific notifications are clear ensures faster decision-making and higher bids.

The zoning plan at a glance

Since the introduction of the Environment Act (Omgevingswet, fully in effect as of 1 January 2024), zoning plans have been replaced by environment plans (omgevingsplannen). In practice, these still work largely the same way: they determine which functions are permitted at a specific location. A property with "Bedrijf-3.2" may house different activities than a property with "Retail" or "Mixed purposes".

Before the sale, check the following via the Omgevingsloket (Environment Portal):

• What is the exact current zoning?
• What deviations or exemptions have ever been granted?
• Are there intentions in the environment plan to change the zoning?
• Are there restrictions due to, for example, nature networks, archaeology, or water management?

The crucial permits

When selling, it is important to note: permits are generally property-bound, not person-bound. A buyer usually inherits the existing environment permits. An alcohol and catering permit must be applied for by the new owner themselves.

Declaration of no objection or decision in principle

Sometimes the property has a use that strictly speaking does not fall within the zoning, but is tolerated by the municipality. That is a ticking time bomb under the sale. Request a decision in principle (principebesluit) from the municipality: a written confirmation that the current use is acceptable, or that a change of zoning is possible.

For a rezoning (e.g. retail to residential), a positive decision in principle easily increases the value by 15-25%.

Asbestos, soil, and environment

Outside of zoning and permits, there are three topics every serious buyer asks about:

• Asbestos report. Mandatory for buildings from before 1994 that are being demolished or renovated. Even without renovation, a report upon sale is a strong plus point.
• Soil investigation. Essential for former industrial sites or storage of oil/chemicals. No bank will offer financing without a report.
• Energy label. Mandatory upon sale. For offices, at least Label C.

DIY checklist

Before you offer your property, make sure you have these documents in a digital folder: current extract from the environment plan, all permits, energy label, floor plans, any construction drawings, title deed, cadastral notices, asbestos report (if applicable), and annual accounts for the property.

Don't feel like going through this whole process? Request a no-obligation offer — we buy properties including the associated administrative hassle.