Fire safety, notification or permit

What is it?

For certain buildings (for example, a daycare center, café or hotel), you need an environmental permit for fire-safe use (formerly the "use permit"). The municipality then imposes additional fire safety requirements on a building if necessary. These requirements prevent fires, fire hazards and accidents in case of fire.

Notification of buildings or temporary structures

For some buildings, you must file a notification of fire-safe use with the municipality. For example, for buildings where at least 50 people can be present at the same time. This also applies to temporary structures, such as a construction site hut. You make the notification to the municipality. This is free of charge.

Through the Environment Desk you can check whether you need a permit or just a notification.

Notification sites and other places

There is a national regulation on fire-safe use and basic emergency assistance in other places (Bbgbop). The purpose of this regulation is to improve fire safety in places where many people are together. Examples include event sites, campgrounds and marinas. You are then required to report to the municipality.  

How does it work?

In these cases, you apply for an environmental permit for fire-safe use:

  • You offer sleeping accommodations to more than 10 people. For example, in a hotel, boarding house, hospital or nursing home.
  • More than 10 people under 12 years of age are present in the building during the day. For example, in an elementary school or daycare center.
  • More than 10 people with physical or intellectual disabilities are present in the building during the day. For example, at a day care center.

Caution! If you do not apply for an environmental permit for fire-safe use when you should have, you are liable for penalties.

Notification

If there are at least 50 people together in a building at the same time, you file a report for fire-safe use. Consider:

  • educational buildings for secondary and further education (for children over 12 and adults) 
  • light industry, such as sheds, barns or horticultural greenhouses
  • offices, for example, bank buildings, town halls or county offices
  • meetings in such places as convention centers, churches, community centers or theaters
  • swimming pools, gymnasiums, sports halls or fitness centers
  • shopping centers, department stores, supermarkets, station buildings or stores at gas stations

What to do.

Do the Environment Desk's Permit Check to see if you need to apply for a permit or file a notification.

Permit application

  • Apply for the permit at least 6 months in advance through the Omgevingsloket. This is because you may not use the building until you have the permit. 
  • During the online application, it will indicate which documents you need to send along. For example:
    • A situation sketch with a scale of at least 1:1000;
    • For each floor or site, a floor plan with a scale of at least 1:100;
    • per plan:
      • height of the floor
      • area
      • maximum number of persons
      • fire and/or smoke separation  
      • escape routes and how they are marked
      • rotation direction of doors
      • self-closing doors and door hardware
      • emergency lighting
      • fire alarm system and panel
      • all extinguishing equipment
      • fire department entrance 
  • The municipality will send an acknowledgement of receipt of your application.
  • The municipality makes a draft decision on your application. This is a preliminary decision.
  • If you do not agree with this draft decision, you can indicate this within 6 weeks by submitting an opinion for this purpose. In your opinion you should put:
    • your name;
    • address;
    • The file number of the draft decision;
    • The reason why you disagree with the draft decision;
    • the date you write the view;
    • your signature.

Notification of buildings or temporary structures

  • Report at least 4 weeks in advance via the Omgevingsloket. (Via ''building fire-safe use'' you come to the choice ''report fire-safe use'').
  • The municipality will send you an acknowledgement of receipt of your notification.
  • As a result of your report, the municipality may set Requirements for fire-safe use of the building. You must comply with these Requirements . Examples of additional Requirements include:
    • additional fire detection;
    • non-combustible decoration both on the walls and ceiling;
    • good basic emergency response, Health that everyone knows his/her duties well;
    • An adequate escape plan and clear escape routes.

Notification sites and other places

The online notification form from the Rijksoverheid allows you to make the notification for sites and other places. Note: In many cases, the use notification coincides with another notification or permit application you are making. Therefore, the municipality may combine this notification form with its own form. Ask the municipality which form best suits your notification.

What do I need?

  • As a business owner, you need eHerkenning and your Chamber of Commerce establishment number.
  • As an individual, you will need your DigiD.

How long does it take?

  • For a permit: 6 months. The municipality may extend this period by 6 weeks.
  • For a notification: your notification and related documents must be submitted at least 4 weeks before you plan to use the building, structure or site.

Objection or appeal

  • If you disagree with the municipality's decision on your permit, you can appeal to the court within 6 weeks. This is only possible if you have also submitted an opinion on the draft decision.
  • If you disagree with the decision on your report, you can object to the municipality within 6 weeks.

Request

When processing a concept application or a final environmental permit application, there are 5 steps:

Step 1 - Submit

You submit your (concept) application to the municipality. The concept application can only be submitted on paper. The final application can be submitted digitally, with your DigiD via the Omgevingsloket or on paper. You can also prepare the paper form on omgevingsloket.nl. It is important that your (draft) application is correct and complete. More information can be found in the Environmental Law Regulations via wetten.nl.

If you wish to submit your application on paper, you can drop it off at the Burger Bedrijven Plein of the municipality of Leudal or send it by mail to the College of B&W, Postbus 3008, 6093 ZG Heythuysen.

Step 2 - Publication and review

The municipality sends you a notice of receipt and publishes the application for the environmental permit on overheid.nl (see announcements). The municipality also checks whether the application is complete. If any information is missing, you will be informed. If you provide the missing information in time, your application will be processed.

Step 3 - Test against the law

At the time of a final application, the municipality assesses whether it meets all legal requirements. This may include consideration of rules from the zoning plan. In addition, the technical requirements from the Building Code and building regulations (merged into the General Regulation of the Municipality of Leudal) (fire safety, ventilation, etc.) are assessed.

Step 4 - Decision making and publication

With a final application, the municipality will let you know within 8 weeks (regular procedure) or 26 weeks (extensive procedure) whether you will receive the permit. The time you need to complete your application (see step 2) is added to the municipality's decision period. The municipality can extend the decision period once by 6 weeks. The municipality publishes your permit on overheid.nl (see announcements). Interested parties, for example local residents, then have a maximum of 6 weeks to submit objections (for the regular procedure) or appeals (for the extensive procedure). After that, your permit is final.

In a regular procedure, if the municipality does not decide within 8 weeks and the deadline has also not been extended or suspended, you will automatically receive your permit.

Step 5 - Objection, appeal and appeal.

Against a regular environmental permit you can file objections, appeals and finally appeals with the district court. With an extensive procedure, you can first submit views against the draft decision that is made available for inspection. After a decision is made, you can appeal directly to the district court. You can no longer file an objection. Even in the extensive procedure, you can then appeal to the district court The filing of objections, appeals or appeals does not in itself have a suspensive effect. If you want to try to prevent the execution of a construction work then you can file a suspension request with the preliminary injunction court.

Apprehend

The municipality must defer the decision on the permit application, if there are no grounds to deny the permit, but:

  • a preparation decision has taken effect;
  • the zoning plan in draft is available for review;
  • the zoning plan has been adopted but is not yet irrevocable;
  • a provincial regulation or executive order is being prepared;
  • A decision to designate a protected city or village landmark has been announced;
  • an exploitation plan is applicable but not yet irrevocable.

Withdraw

There are circumstances in which the municipality may revoke a granted permit. However, the permit holder must first be heard about this. The permit must be revoked:

  • if construction has not begun within 6 months of the granting of the environmental permit;
  • at the request of an authorization body or minister or a body required to issue a statement of no objections;
  • in the event of unacceptable environmental impacts;
  • For serious adverse effects on habitat or
  • following international conventions.