Example | I want to build an extension, what does that mean for me?

Section 4.14 of the Leudal Municipality Environmental Plan contains the rules regarding use. The following rules apply to the example:

Art 4.81 - General rules on primary use

The plot is located in the Residential area. The plot may only be used for residential purposes. This rule is being complied with.

Art. 4.83 – General rules on the number of dwellings

A maximum of one dwelling is permitted per plot. The outbuilding is a storage shed. The number of dwellings will not increase. This rule is complied with.

_{The other rules concerning use do not apply to the placement of the outbuilding in the example. The construction of an outbuilding therefore complies with the rules of use.}

Chapter 5 of the Leudal Municipality Environmental Plan contains the rules relating to construction. The following rules apply to the example:

Art 5.2 – Building in accordance with the environmental plan

Building with or without a permit is only permitted if the building or structure to be constructed complies with the rules set out in chapters 4, 5, 7, and 9.

Art. 5.3 - Maximum combined surface area of buildings and associated structures

The surface area of all buildings on the plot may not exceed 60% of the surface area of the 'main residential building', 'associated structures' and 'side yard' areas, with a maximum of 325 m². This rule is complied with.

Article 5.12 – External Security

If the plot is located in an area where rules apply with regard to 'external safety', a permit is always required for the construction of outbuildings. In the example, this is not the case and this rule does not apply.

Art 5.31 – Associated structures – Permitted without a permit provided that:

1. the annex is built on the ground (no basement);
2. the maximum gutter height is no more than 3.5 meters;
3. the maximum building height is no more than 5.5 meters and no higher than the main building;
4. The annex does not have a roof terrace, balcony, or other outdoor space that is not located on the ground.
5. the rules set out in Article 5.3 (see above) are complied with.

These rules are being followed.

_{The other rules relating to construction do not apply to the placement of the outbuilding in the example. The construction of an outbuilding therefore complies with the rules of construction.}

Chapter 7 of the Leudal Municipality Environmental Plan contains rules relating to, among other things, earthworks and tree felling. The following rules apply to the example:

Art 7.5 - groundwork without a permit

Groundwork is permitted without a permit if:

1. relate to normal maintenance, use, and management; or
2. the work has already commenced before the environmental plan has come into effect;
3. the soil is not excavated to a depth of more than 40 cm and the maximum square meter standard is not exceeded. In the example, a standard of 1000 square meters applies to archaeology.
4. concerns replacement buildings;
5. the building is needed for archaeological research.

In this example, only paragraph 3 is relevant. The planned annex is smaller than 1000 m². Therefore, no archaeological research is required and the groundwork may be carried out without a permit.

Article 7.17 – Felling of trees

Felling the tree does not require a permit if the tree is not listed as valuable or protected on the municipal tree list, which Map found on this Map : https://www.groeneparelsinleudal.nl/. The tree to be felled is not listed on this Map can be felled without a permit.

_{The other rules concerning groundwork do not apply to the placement of the outbuilding in the example. The construction of an outbuilding therefore complies with the rules for groundwork.}

Section 9 of the Leudal Municipality Environmental Plan contains the rules relating to monuments, (cultural) heritage, and landscape structures. These rules only apply if construction takes place on, at, in, or near a monument. This is not the case in the example, so these rules do not apply.

_{The other rules concerning monuments do not apply to the placement of the outbuilding in the example. If you are building on, in, or near a monument, you will almost always need an environmental permit.}

An environmental permit for the construction activity is also not always required. This is specified in Article 2.25 (structures with a roof) and Article 2.26 (structures without a roof) of the Decree on Structures in the Living Environment (Bbl). Article 2.25 applies in the example:

Article 2.25 Bbl – exempt from building regulations 

The outbuilding does not require a permit if:

• the outbuilding stands on the ground (not on a basement or existing building)
• the annex is no higher than 5 meters, measured from the adjacent ground level
• it concerns more than one storey and the annexe does not have a living area on the second storey or higher
• does not have a roof terrace, balcony, or other outdoor space that is not located on the ground;
• the annex does not become the main building; or
• a road, railway, or waterway runs over the outbuilding.

_{The outbuilding in the example complies with these rules. No permit is required for the environmental permit for the (technical) construction activity either. Please note: permit-free does not mean rule-free. You are responsible for ensuring that your structure complies with the technical construction requirements of the Bbl.}

If the flora and fauna values are affected, you may also need a permit for this. This may be the case if, for example, your work disturbs bats or house sparrows. For example, trees may not be pruned or felled during the breeding season. Whether these values are disturbed can be demonstrated by means of a flora and fauna study. The Province of Limburg is the competent authority to determine whether or not a permit is required. If no flora and fauna values are affected, no permit is required for this activity.