Legal Information about Property and Backyard Area

Questioner

Our question concerns the definition of ERF and the designation of the GREEN part with the functional designation ERF, so that the GREEN is subsequently included in the definition of BACKYARD. Our question is, we would like to add an extension to the existing house in the RESIDENTIAL section. Now, based on reasoning/legislation, we have determined that the GREEN part is also a YARD and as such can be included in the REAR YARD m2. What we want to build is permit-free. The question is: is the reasoning sound, or do we need to initiate a specific process (small-scale regulations, zoning plan amendments)? Our property has one land registry number, and two single-use zoning schemes apply to it: one part is RESIDENTIAL and the other is GREEN. The RESIDENTIAL part also has a designated "FARMHOUSE" function, while the GREEN part does not (currently). For the purposes of this question, let's assume the plot is 2000m², with 40% of the land designated as RESIDENTIAL (800m²) and 60% designated as GREEN (1200m²). The main residence is located in the RESIDENTIAL section. The GREEN and RESIDENTIAL sections are functionally connected. The vegetable garden, the walking path (around the garden), the pond, the trampoline, the lawn, and part of the patio are located on both the GREEN and RESIDENTIAL sections. Therefore, there's no discernible difference between the two zoning schemes. The new extension will be located on the RESIDENTIAL plot, but we'd like to include the additional square meters so it can be slightly larger.

Questioner

Whether the land designated as 'green' belongs to the 'farm' as referred to in the Environmental Management Act (bor) should be apparent from the purpose description as stated in the zoning plan. Land designated as "green" is primarily intended for public (green) amenities. And building an associated structure without a permit is not possible because that part of the plot is not part of the property.

Questioner

Good morning, The purpose description? This term is new to us and isn't mentioned in the BOR (Building Regulations for Urban Development). What we retrieved from the municipality via plan viewer is the zoning plan, and it specifies the following for Green: 6.1 Destination description The lands designated for 'Green' are intended for: a. greenery, water, sports and play facilities, youth meeting places and pedestrian and cycle paths; b. at the location indicated as the 'mill biotope safeguard zone': also for the preservation of the mill of xxxx as a tool and as an iconic cultural-historical valuable element; c. facilities associated with this destination, such as water management facilities, utilities, street furniture, waste collection facilities and noise reduction facilities. 6.2 Building regulations The following rules apply to construction: 6.2.1 Permissible construction Buildings for utilities and structures other than buildings may be constructed on these lands, provided that the following is observed: 6.2.2 General a. the surface area of ​​buildings is no more than 15 m²; b. the building height of buildings is no more than 3.5 m; c. the building height of property and site boundaries is no more than 2 m; d. the building height of light and flagpoles is no more than 16 m; e. the building height of other street furniture is no more than 6 m; f. the building height of antennas for telecommunications, other than satellite dishes, shall not exceed 15 m; g. the building height of play facilities is no more than 6 m; h. the building height of other structures other than buildings is no more than 5 m. 6.3 Specific usage rules The following rules apply to the use of land and buildings: a. events are allowed. The objectives are clear in this regard. We agree with you that building on green space is not permitted. However, the question is different! The question is whether the Green part may be designated as an Erf and thus be included in the rear yard area determination for the number of m2. For the sake of clarity, the entire green plot is located behind the house. Not a single square meter will be built on the Green! Construction will take place on the Residential-Heritage plot. The question is therefore not whether building is allowed on Green, but whether the Green can be included in the m2 determination for determining the rear yard area? We also agree with you that the main thing about green-designated land is green. In the village, there are a number of green plots that are simply forest, that much is clear. However, when determining whether something is a yard, it must be considered whether "it has actually been designed to serve the use of that building" (BOR Appendix 2). This means looking at the situation of the function of a plot in current previous years. For years, green spaces have proven to enhance the quality of life in homes. They are used accordingly, taking existing zoning regulations into account. For example, the trampoline is considered sports equipment, there is greenery in the form of grass, but the vegetable garden is also a green source of living pleasure, and the walking, running, and cycling paths are also part of the design. Resume: The Green has been used and involved for years to enhance the living experience of the home and is therefore a single entity, so that it can also be seen/assessed as belonging to the Home and can therefore be designated as a Rear Yard Area. In various rulings on Green, reference is often made to purchased green areas, the so-called "snippergroen" (green fragments), where the "Green" designation can be interpreted as truly green. This is completely different in our case. Moreover, the cadastral parcel is surrounded by Erf parcels. Please provide your revised/additional answer/reply with thanks

Questioner

The purpose description is identical to the zoning description. I read in your response that it has become clear to you that the green spaces are not land and therefore cannot be built for your purpose without a permit. Your question is whether the zoning designation can be changed or whether it can be deviated from for residential use and/or residential development. A procedure will be required for this. Whether cooperation will be granted depends on whether the spatial planning is sound. The answer to this question depends on the specific case. Before submitting a request for a change or deviation, you can consult with your municipality. Depending on your municipality's procedures, this can be done in a meeting and/or through a request for a preliminary consultation.

Questioner

Good morning, The purpose description? This term is new to us and isn't mentioned in the BOR (Building Regulations for Urban Development). What we retrieved from the municipality via plan viewer is the zoning plan, and it specifies the following for Green: 6.1 Destination description The lands designated for 'Green' are intended for: a. greenery, water, sports and play facilities, youth meeting places and pedestrian and cycle paths; b. at the location indicated as the 'mill biotope safeguard zone': also for the preservation of the mill of xxxx as a tool and as an iconic cultural-historical valuable element; c. facilities associated with this destination, such as water management facilities, utilities, street furniture, waste collection facilities and noise reduction facilities. 6.2 Building regulations The following rules apply to construction: 6.2.1 Permissible construction Buildings for utilities and structures other than buildings may be constructed on these lands, provided that the following is observed: 6.2.2 General a. the surface area of ​​buildings is no more than 15 m²; b. the building height of buildings is no more than 3.5 m; c. the building height of property and site boundaries is no more than 2 m; d. the building height of light and flagpoles is no more than 16 m; e. the building height of other street furniture is no more than 6 m; f. the building height of antennas for telecommunications, other than satellite dishes, shall not exceed 15 m; g. the building height of play facilities is no more than 6 m; h. the building height of other structures other than buildings is no more than 5 m. 6.3 Specific usage rules The following rules apply to the use of land and buildings: a. events are allowed. The goals are clear in this regard. We agree with you that building on green space is not permitted. However, the question is different! The question is whether the Green part may be designated as an Erf and thus be included in the rear yard area determination for the number of m2. For the sake of clarity, the entire green plot is located behind the house. Not a single square meter will be built on the Green! Construction will take place on the Residential-Heritage plot. The question is therefore not whether building is allowed on Green, but whether the Green can be included in the m2 determination for determining the rear yard area? We also agree with you that the main thing about green-designated land is green. In the village, there are a number of green plots that are simply forest, that much is clear. However, when determining whether something is a yard, it must be considered whether "it has actually been designed to serve the use of that building" (BOR Appendix 2). This means looking at the situation of the function of a plot in current previous years. For years, green spaces have proven to enhance the quality of life in homes. They are used accordingly, taking existing zoning regulations into account. For example, the trampoline is considered sports equipment, there is greenery in the form of grass, but the vegetable garden is also a green source of living pleasure, and the walking, running, and cycling paths are also part of the design. Resume: The Green has been used and involved for years to enhance the living experience of the home and is therefore a single entity, so that it can also be seen/assessed as belonging to the Home and can therefore be designated as a Rear Yard Area. In various rulings on Green, reference is often made to purchased green areas, the so-called "snippergroen" (green fragments), where the "Green" designation can be interpreted as truly green. This is completely different in our case. Moreover, the cadastral parcel is surrounded by Erf parcels. Please provide your revised/additional answer/reply with thanks

Questioner

So the question hasn't been clearly answered, you're answering a question that wasn't asked. Shame. The question. - When determining the rear yard area, may the Green and Residential section be included in the m2 determination? You have read the function definition according to the law to determine what is an inheritance: From the BOR: yard: a plot of land, whether or not built upon, or part thereof, located directly adjacent to a main building and actually designed to serve the use of that building, and, insofar as a zoning plan or management regulation applies, does not prohibit such designation; The design of our Green Area (trampolines, pond, walking paths, vegetable garden, grass) is such that it fully complies with the zoning plan regulations (after all, nothing is and will be built there), that the Green Area can therefore be classified as a Backyard Area and can therefore be included in the definition of Backyard Area. Rear yard area: yard behind the line that intersects the main building at 1 m behind the front and from there runs parallel to the adjacent publicly accessible area, without intersecting the main building again or entering the yard behind the main building; We ask whether you can follow and understand the reasoning and whether we are following the correct legal procedure to determine the Rear Estate Area. Unfortunately, you've provided inconsistent answers to questions that haven't yet been asked. We'd like to ask you to review the case and answer these questions. Such a case is very rare, but is therefore important for many Dutch people who all have a Green section, where the function has been to increase the quality of life in the home for years. Applying for a change procedure is always possible and is not necessary only if the municipality wishes to fully enforce the regulations, but in that case we will initiate the procedure. Thanks again for your answer in this

Questioner

Sorry it wasn't clear. Here's some clarification: The next part of the Bor definition, "... and serving the use of that building," is the basis for the given answer. As you yourself indicate, the land, according to the zoning description, is not intended for the use of your desired building/use. The actual layout and the possible uses together determine whether construction is permitted without a permit. In short, in order to be able to build (without a permit) other than for the purpose of green areas, a change or deviation from the zoning plan is required. I hope this provides sufficient clarity to your question regarding the provision regarding permit-free construction.