Change from agricultural to residential zoning - Legal Aid Centre


Questioner

How long may a change from agricultural to residential zoning take? I heard from the municipality that it could take six months to a year. In the meantime, ING does not want to provide a mortgage. Is this correct?

Lawyer

This takes at least 31 weeks, but can take even longer depending on various factors and is therefore difficult to predict.

Lawyer

Changing the use of an existing building and the immediately surrounding terrain, with or without internal renovation, is a so-called 'minor case' and can be achieved using the regular procedure. You must apply for an environmental permit for planning-conflicting use. The legal basis for this amendment is art. 4, paragraph 9 of Annex II to the Environmental Management Act. This regular procedure lasts 8 weeks, possibly extendable once by 6 weeks. The decisive condition is that this amendment is not contrary to good spatial planning. Granting this permit is a power and can therefore also be refused if the competent authority is of the opinion that your intention is in conflict with good spatial planning. If you have any further questions, you can also contact us directly.

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