Water Law

In the Netherlands, water law is anchored in the Water Act, the Water Framework Directive (WFD), and various general and specific regulations, ensuring the use, distribution, and quality of both fresh and saltwater. Water boards, the Ministry of Infrastructure and Water Management (Rijkswaterstaat), and provinces issue extraction and discharge permits,…

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The cross-over area between public and private law

The intersection between public and private law in Dutch environmental and planning practice encompasses all situations where governmental actions—such as granting permits, enforcement, expropriation, or entering into public-private partnerships—are directly intertwined with private legal relations, such as contracts, civil liability, and business rights. Examples include public-private partnerships (PPP) for large-scale…

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Spatial planning

Spatial planning in the Netherlands is based on an integrated system of national legislation (such as the Environmental Planning Act), provincial structural visions, and municipal environmental plans, supplemented by European frameworks such as INSPIRE and the Habitat Directive. This layered system allows governments to guide current issues—from housing development and…

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Soil contamination

Soil contamination is one of the most urgent environmental issues in the Netherlands and plays a key role in spatial planning and development projects. The Soil Quality Decree (Besluit bodemkwaliteit) and the Soil Protection Act (Wet bodembescherming) require initiators to follow a process of inventory, investigation (MOR – Preliminary Soil…

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Project development

Project development within the environmental and spatial planning sector in the Netherlands plays a crucial role in achieving both economic and sustainable goals. From housing construction to large-scale infrastructure projects and energy transition initiatives, a solid legal and administrative foundation is essential for the success of these endeavors. In the…

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Permits, exemptions and derogations

In Dutch environmental and spatial planning practice, permits, exemptions, and deviation decisions form the cornerstone of balanced and sustainable area development. Through the Environmental Permitting (General Provisions) Act (Wabo), the Environmental Management Act, and various independent regulations (such as the Nature Conservation Act and the Water Act), strict standards are…

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Objection and (Appeal) Procedures

Filing an objection or appeal against an administrative decision is a vital means of protecting rights and challenging unjust or unreasonable decisions. In many cases, it is important to act proactively and seek legal advice at an early stage to maximize the chances of success. Below, we discuss the key…

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Municipal Preferential Right Act

The Municipal Preferential Right Act (Wet voorkeursrecht gemeenten) grants Dutch municipalities the legal right of first refusal when selling real estate, such as building plots, agricultural lands, or former industrial sites. This instrument plays a key role in urban development, zoning plan changes, and environmental remediation, allowing municipalities to steer…

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Limited Rights

Limited rights form a cornerstone of Dutch real estate and planning practice. Through easements, leasehold, rights of superficies, usufruct, mortgage, and pledge rights, various parties gain control or security over immovable property without full ownership. These instruments are frequently used in integrated area developments, infrastructure projects, or environmental compensation schemes.…

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Housing for immigrant workers

Meeting the demand for reliable and humane housing for migrant workers in the Netherlands is a complex interplay between spatial planning, environmental regulations, and social policies. Municipalities, real estate developers, and staffing agencies must collaborate closely to establish temporary and permanent housing locations that comply with zoning regulations, the Environmental…

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