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Licensing

Project licensing

What licensing requirements and procedures apply to construction projects in your jurisdiction (eg, planning consents)?

Usually, an integrated environmental permit is required for building activity. This type of permit is granted if a building plan complies with the zoning plan, regulations and decrees. If so, the regular procedure will apply, taking eight to 14 weeks. If this deadline is not met by the municipal executive, the permit will be deemed granted by operation of law.

If the building plan conflicts with the zoning plan, the permit application will be considered to include an application for an exemption. Depending on the exemption, the extended procedure may apply, with a decision deadline of 26 weeks possibly extended by six weeks. This procedure requires a draft decision, to which any third party can submit an opinion.

Professional licensing and qualification

What licensing requirements and procedures apply to construction professionals, including any required qualifications?

The law allows the competent authority to investigate the integrity of a company or person applying for an integrated environmental permit before it is granted. During the integrity screening, the applicant may be asked to provide additional information, including details of financing. Failure to submit such information can result in an application being set aside or a permit being withdrawn. The competent authority may also conduct such an investigation with regard to parties to be contracted in certain real estate transactions; however, this does not apply to mere construction contracts.

Do any special rules and restrictions apply to foreign construction professionals?

Foreign professionals from outside the European Union that work on a construction project in the Netherlands must have a work permit requested by the employer, which in this case is the contractor employing said foreign professionals.

In the absence of a work permit, the Social Affairs and Employment Inspectorate may impose fines on contractors, but also on the (legal) persons that provided the assignment (ie, the contractor’s principal). Further, contractors and their principal will be registered in a publicly available register as companies that have violated the Foreign Nationals (Employment) Act.

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