Deviating from the Zoning Plan in Amsterdam
In Amsterdam, you can obtain permission from the Municipality of Amsterdam for construction or use changes that do not align with the current plan through a deviation from the zoning plan. This is useful for minor renovations in the urban setting, such as adding an extra dormer to a canal house, and is requested via an environmental permit. It offers flexibility in the dense spatial planning without needing to amend the plan right away.
Why deviate in Amsterdam?
The zoning plan determines what is permitted on a plot, such as residential use, hospitality, or offices. In a city like Amsterdam, with a housing shortage and many historic buildings, some ideas may not fit exactly—for instance, a slight height exceedance or temporary use of a space. A deviation avoids a full plan revision and saves time and money. After the Environment and Planning Act takes effect on 1 January 2024, existing zoning plans remain in force under transitional law until they are replaced by environmental plans at the Municipality of Amsterdam.
Legal basis
The deviation rules are found in the Spatial Planning Act (Wro) for older cases and the Environment and Planning Act (Ow) for newer ones. Key provisions:
- Article 2.12 General Provisions for the Environment Act (Wabo): Conditions for an environmental permit contrary to the zoning plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): 'Minor deviation provisions' for small deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary deviations.
- Article 3.14 Spatial Planning Act (former): Standard and structural deviations.
The Municipality of Amsterdam, as the competent authority, grants deviations only with a sound spatial justification and without conflicting with higher rules such as environmental plans or national policy.
Types of deviations
Different types of deviations depend on scale and duration. Overview:
| Type of deviation | Legal basis | Conditions | Procedure |
|---|---|---|---|
| Minor deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro (former) | Small changes, e.g. max. 5 m² extra or temporary use | Fast-track, often within 8 weeks at Municipality of Amsterdam |
| Standard deviation | Art. 2.12 Wabo / Art. 3.14 Wro | More substantial, with strong justification | Standard process with opportunity for public consultation |
| Temporary deviation | Art. 4.7 Ow | Up to 10 years, extendable | Short processing time |
| Structural deviation | Art. 3.14(1) Wro (former) | For long-term, with plan amendment | Extended process |
Minor deviations in Amsterdam practice
Minor deviations are popular for urban projects. For example: a dormer 1 meter higher on a row house in De Pijp. If it falls under Annex 2 of the Bkl, the Municipality of Amsterdam gives quick approval.
The procedure step by step in Amsterdam
Submit an environmental permit application for the deviation:
- Check the plan: View ruimtelijkeplannen.nl or the Amsterdam Environmental Desk on amsterdam.nl.
- Prepare: Prepare motivation and drawings. Conduct pre-consultation with the Municipality of Amsterdam.
- Application: Via the Online Environmental Desk (OLO).
- Assessment: Municipality checks against usability standards (art. 5.1 Wabo). Deadline: 8-26 weeks.
- Decision: Approval, refusal, or with conditions. Objection within 6 weeks.
- Commence: Proceed after permit issuance.
Rights and obligations
Your rights:
- Full reasoning for the decision.
- Pre-consultation and opportunity to comment.
- Objection/appeal at the District Court of Amsterdam.
- Complete application with justification.
- Comply with conditions, including environmental requirements.
- Notify neighbors in case of nuisance.
Practical examples from Amsterdam
- Hospitality expansion: Café in the Jordaan wants 10 m² more. Minor deviation approved, fits Bkl and no parking issues.
- Temporary unit: Caregiver home for 5 years, with demolition obligation.
- Refusal: Shed in the Vondelpark area, conflicts with green policy.
The courts (e.g. Council of State) review whether the deviation is 'in line with planning objectives'.
Frequently asked questions
Can I always deviate in Amsterdam?
No, only with a legal basis and proper justification. Major plans require a plan amendment.
How long does it take?
Minor: max. 8 weeks, standard up to 26. Delays often due to incompleteness.
Permit refused?
Objection within 6 weeks to Municipality of Amsterdam, then appeal to District Court of Amsterdam. Contact Juridisch Loket Amsterdam for free advice.