Permit-free building: what can you build without a permit?

Permit-free building is possible more often than many people think, but only within clear limits. An extension, veranda or outbuilding behind the house is generally permit free if it stands in the rear garden area and stays within certain dimensions. What decides it is the location on the plot, the depth, the height and your council's environmental plan. Different rules apply to a listed building or in a protected townscape or village view. Always check with the council or in the Omgevingsloket before you start.

What is the rear garden area?

Broadly speaking, the rear garden area is the part of your plot behind the rear facade of the main building. If that area borders a public road or public green space at the side, you generally have to keep at least one metre away from it. On a corner house that is a point to watch.

Anything at the front, or beside the house towards the street, generally falls outside permit-free building. The council always has a say there, because the streetscape changes.

Which dimensions apply to permit-free building?

For an extension directly against the rear facade, a depth of up to four metres generally applies, measured from the original rear facade. The height is then limited to just above the floor of the first storey, with a maximum of five metres. Further from the house, lower heights generally apply.

In addition, the rear garden area may not be built over without limit. How much is allowed depends on the size of the garden. The precise rules are in the Buildings and Living Environment Decree (Bbl) and can differ per council through the environmental plan.

• Structure stands in the rear garden area
• Extension up to about four metres deep from the rear facade
• Height within the limit set by the first-floor level
• Not the whole rear garden built over
• No listed building or protected townscape

What can often be built without a permit?

Within those limits, much of what we build can be permit free: an extension at the rear, a garden room, a veranda or a garage extension against the house. A roof lantern in the flat roof of such an extension is usually covered as well.

If you are thinking of a canopy or garden room, also take a look at verandas and conservatories. An open veranda and an enclosed conservatory both count as ancillary structures and fall under the same dimensions.

When is permit-free building not possible?

A roof terrace, a roof extension or an extra storey is generally not permit free. For that, read the permit for a roof extension. An extension with a balcony or roof terrace on top usually falls outside the exemption too.

In addition, your council's environmental plan may contain extra rules, for example about use as living space or about appearance. If in doubt, read when you need a permit for a renovation.

Which rules apply even without a permit?

Permit free does not mean free of rules. The extension must meet the technical building rules for structure, fire safety, insulation and ventilation. Sound foundations and a well insulated flat roof are simply part of it.

Neighbour law also still applies. Windows or doors within two metres of the boundary that look out onto the neighbours' garden are generally not allowed without their consent. A conversation beforehand prevents a lot of disagreement.

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