What are public-law restrictions on a plot?
When a public authority takes a decision that limits the free use of land or a building, it must have it registered with the Kadaster (the Land Registry): the public-law restrictions. The Public-Law Restrictions (Disclosure) Act (Wkpb) says which decisions these are. They are in the Kadaster’s base register of public-law restrictions (BRK-PB): one register for all public authorities, from central government to the municipality.
Examples
- A national monument: the draft decision to designate a building and its entry in the national monuments register.
- Soil protection, such as decisions about contaminated land.
- Protected nature monuments.
- Measures under the Housing Act, for example to enforce works to a building.
- An amendment, lapse or revocation of such a decision.
Who registers, and when
The authority that took the decision submits it to the Kadaster; it cannot leave that task to another body. It usually has to do so within 4 days of publication. If the restriction is in an act or an order in council, the minister registers it.
What the Environment and Planning Act changed
- A new municipal or provincial monument is designated in the environment plan or the provincial environment ordinance; that no longer falls under the Wkpb. Municipalities have until the end of 2031 for this, with transitional law.
- A pre-emption right no longer falls under the Wkpb, but must still be entered in the public registers.
- A national monument still falls under the Wkpb.
- The development plan (exploitatieplan) no longer exists: the rules on cost recovery are now in the environment plan and do not fall under the Wkpb. Conditions on cost recovery attached to a permit to deviate from the environment plan (a buitenplanse omgevingsplanactiviteit) do fall under it.
- Final decisions from before the Environment and Planning Act usually remain in force.
Why it matters
Such a decision stays attached to the plot when it is sold. The notary includes it in the deed; as a buyer you want to know about it before you make an offer. Note: the restrictions are not in the Omgevingsloket, because the BRK-PB is not linked to it. To know everything, check both the environment plan and the Kadaster.
How to request it
In the Kadaster’s ownership information (Eigendomsinformatie) you see whether a restriction is registered on a plot. You request a copy of the document with 'Publiekrechtelijke beperking opvragen' (from € 19.85 as a PDF). It shows which restriction it is, who imposed it, when it was registered and where it applies. By post it costs € 22.25. By email you have it within 2 working days of the Kadaster receiving your order.
What it does not cover
Private-law restrictions, which do not come from a government decision, do not fall under the Wkpb. The ordinary rules of the environment plan are not a registered restriction either: you read those in Regels op de kaart on the Omgevingsloket.
What the Perceelscan does with it
The report lists all restrictions that are registered on the plot and still apply, with the date and the government body that took them.
Are public-law restrictions shown in the Omgevingsloket?
No. The Kadaster’s register is not linked to the Omgevingsloket: you find them in the ownership information (Eigendomsinformatie) or by requesting them from the Kadaster.
Where else can I see the restrictions?
The entries appear in the Kadaster’s products, such as the ownership information (Eigendomsinformatie), and on PDOK, the government’s open map data service. If a plot or building drops out of a base register, a restriction on it gets the status 'under investigation' until the authority updates its area.
Is a municipal pre-emption right still a public-law restriction?
Not under the Wkpb since the Environment and Planning Act, but it must still be entered in the public registers.
Sources
- Kadaster: requesting a public-law restriction
- IPLO: the Wkpb and the Environment and Planning Act
- Kadaster
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