THE NETHERLANDS COUNTRY REPORT

1.1

Response questionnaire
Questionnaire respondent: PRC B.V., the Netherlands
Questionnaire partly fileld in by Min. of Environment and Spatial Planning (VROM)

1.2

Broad outline of construction regulatory regime

Construction regulations are drawn up on national level in the Housing Act, which refers to the Building
Decree for technical requirements. These requirements are expressed in performance based terms. National standards and codes of practice provide instructions on how to comply with the requirements of the
Building Decree.
A building permit is needed for most construction work. There is a combined permit procedure for planning
aspects and technical requirements. Both planning requirements and technical requirements of a permit
application are checked by a municipal building authority. Within the Dutch system it is optional to have an
approved inspector assess technical requirements, yet, this option is hardly being used as it was recently
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introduced. The building permit is granted by the municipal building authority. This authority also conducts
site inspections if required of work under construction, and if needed this authority can stop a construction work. A final inspection of a construction work a pre-occupation inspection is often not compulsory
and no completion certificate will be issued upon completion of a construction work. Local building authorities are overseen by a national building inspectorate.
1.3

Regulation and requirements to sustainable construction

The Dutch Building Decree is divided in five chapters relating to safety (e.g. the mechanical strength, fire
safety, user safety like requirements for stairs, availability of emergency appliances); health (e.g. ventilation, sound insulation); usefulness (e.g. accessibility for disabled people, habitable space toilet compartment, communal store for domestic waste); energy-saving ( e.g. thermal insulation, energy performance,
air tightness); and the environment. Notably, the latter chapter has been included in the 2003 amendments but is, to date, empty. Nevertheless, sustainability is addressed in construction requirements, regulations, documents and codes.
1.3.1

Regulated sustainability topics for new buildings

Ecological quality
Within the Netherlands there is a strong emphasis on the energy performance of buildings. A so called
Energy Performance Norm (EPN) has been introduced to regulate the energy performance of buildings. The EPN is an index, a non dimensional figure, representing the energetic efficiency of new construction currently the EPN for housing is 0.8. Periodically this index is lowered, ultimately to reach
the value 0 in 2020. A value of 0 implies that buildings from that moment on have to be constructed
energy neutral. EPN regulation does not stipulate how the index, the limiting value, should be reached.

Broadly based on: Branco Pedro, Meijer and Visscher (2010) Building control systems of European Countries; and CEBC (2006)
Building Control Systems in Europe.
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Van der Heijden (2009) Building regulatory enforcement regimes.

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It is left to the building industry to introduce a certain set of measures that together meet the index.
Besides the EPN, requirements are set to thermal insulation and to reduce air permeability. All these
requirements are set on a national level and have a background in EU directives. Currently no requirements are set to use renewable energy sources.
Water conservation of buildings has lesser attention in Dutch construction regulation. Currently no requirements are set to water conservation techniques or the implementation of water efficiency techniques. Water metering, however, is regulated on a national (quasi-mandatory) level.
Requirements are set to minimizing the production of waste and the separation and recycling of waste.
These requirements are set on a national level and have a background in EU directives. Local governments can implement additional requirements. In the future the Building Decree will set requirements to the use of recyclable or renewable materials, or to refurbish and redevelop existing buildings
in stead of demolition and new development. In the Building Decree there are no requirements set to
the emission of CO2, ozone depleting gasses, or greenhouse gasses. But in general, at a national
level, there is regulation on the limitation of ozone depleting gases.
The protection of biodiversity and the natural environment on construction sites is regulated on a national level. Requirements are set to conserve flora, wildlife and natural habitats on sites. These requirements all have a background in EU directives.

Economic quality
National regulation stipulates the reduction of waste during construction and the development of
adaptable buildings. No requirements are set to reduce energy consumption or the use of water during
construction.
Local governments draw up regulation related to the density of development and to mixed land use.
The use of local materials/goods in construction is not required, neither is the use of local labor in construction.
Social quality
Within the Netherlands there is a strong emphasis on social quality of construction. On national level
regulation stipulates the provision of a safe and healthy workplace; the provision of schools, health and
social facilities; the provision of affordable housing; the provision of housing for the elderly; and, the reuse of locally valued buildings.
On local level governments draw up regulation to ensure information is provided to the local community
during construction activities; to ensure a mix of tenure types is developed; to ensure transport links to
the local context are provided; and, to ensure green space is accessible within a certain distance.
Some quasi-mandatory regulation is drawn up relating to the provision of a safe and healthy workplace; and, the provision of space for the training of workmen.
No regulation is set to reject or discourage the development of gated communities.
Functional quality
On national level regulations are set to the planned life of structures; to the demand of space per occupant and/or dwelling; to moisture protection of the building envelope; to indoor air-quality; to acoustic
comfort; to in-door daylight entry; and to the accessibility of buildings for the disabled.
Local governments set regulations to the shape of exterior and aesthetics of buildings.
No regulations are implemented to stipulate the planned life of building services; electric-magnetic
shielding; or, thermal comfort in winter or summer.

Beerepoot and Beerepoot (2007) Government regulation as an impetus for innovation: Evidence from energy performance regulation in the Dutch residential building sector.

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Technical quality

On national level regulations are set to limit construction time; to the structural safety of buildings; to
fire resistance of buildings; and to the safety of a construction during a fire.

No regulations are set to construction management.

1.3.2

Regulated sustainability topics for existing buildings and for renovation of existing buildings

The aforementioned regulation also applies to renovation. For existing buildings also much of the regulation applies, but in most cases a lower level of requirements applies.
1.3.3

Ordering of the regulations

For all sustainability aspects, the regulations apply to all building types.
1.3.4

Type of requirements and deemed-to-satisfy solutions

Following the Dutch Building Decree philosophy, regulations are drawn up in performance based terms.
Information is provided on how to reach the goals of these regulations this information is provided by
public and private sector organizations.
1.4

Process of implementation

The implementation of regulation to sustainability aspects of construction is by and large a top-down,

mostly national government led process, but in collaboration with parties from the construction sector.

1.5

Enforcement of regulation and requirements to sustainable construction

Following the Dutch construction regulatory regime (see under section 2) municipal building authorities are
responsible for enforcing regulation relating to sustainable construction. Over the years these municipal
building authorities have been criticized for their limited involvement in checking construction works compliance with regulations. Major criticism is expressed to the limited knowledge and experience of these
authorities staff in enforcing physical aspects of construction work e.g. energy performance, indoor air5
quality, the building envelope. This problem is most eminent in medium-sized and smaller municipalities.
In practice municipalities can and do (sometimes) contract out the assessment of such sustainable construction regulation to specialized private sector organizations.
The introduction of the energy performance certificate (see under section 3.2) is an example of how the
national government tries to address such shortfalls in enforcement. Certificates are compulsory for all
new buildings and are issued by a specialized private sector organization that has to meet certain requirements in order to be allowed to act as certifiers.

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Partly based on: Van der Heijden et. al. (2006) Bouwtoezicht bij veelvoorkomende bouwactiviteiten.
See also: Kool (2007) Binnenmilieu en energieprestatie onder de maat.

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1.6

Complementary sustainable construction initiatives including public and joint publicprivate initiatives

Example 1: Dutch Green Building Council - BREEAM-NL

The aim was to make sustainability in the building industry measurable by developing a sustainability label
allowing for the uniform rating of buildings throughout the Netherlands. The initiative came from the building industry itself. The industry felt a strong need for promoting the concept of sustainability quantification
and assessing buildings unequivocally in a manner that is accepted internationally.
It was started in 2008 by private sector organizations (Dura Vermeer, Redevco, ABN AMRO, SBR). These
parties felt a strong need for promoting the concept of sustainability quantification and assessing buildings
unequivocally in a manner that is accepted internationally.
It is catching on; it is used in a small number of projects. It is widely used by a large number of companies.
It coexists with government regulation, but there is no relation It sets higher criteria than formal regulation
Experiences are positive. The method expands wider and wider. There is a strong will to implement the
method, but the building practice has to get used to the new requirements.
An organization has been set up to administer and steer the initiative

Example 2: Lente-akkoord (Spring-agreement)

The Lente-akkoord is an agreement between the central government and market parties to build more
energy-efficient in the future.
The ambitions of the partners of the Lente-Akkoord are high. The goal is to go to energy-neutral new buildings, within 12 years in three steps.
Further information on http://www.lente-akkoord.nl/.

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Regulations on sustainable construction PRC

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Checking of building plans

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Checking of work under construction

Checking of the finished work, prior to occupation

Checking of existing buildings in use

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