2017/0018/NL
EC/EFTA
NL Niederlande
  • B00 - BAUWESEN
2017-04-18
2017-01-23

Structures (buildings and structures that are not buildings)

Decree amending the Building Decree 2012 for harmonisation with the Decree on requirements for establishments under the Dutch Licensing and Catering Act, implementing Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 2014) and other amendments

The Building Decree 2012 contains provisions on the construction and demolition of structures, the condition and use of existing structures, open farmland and grounds, and safety during construction and demolition works. The amending decree harmonises the Building Decree 2012 with the Decree on requirements for establishments under the Dutch Licensing and Catering Act [Besluit eisen inrichtingen Drank- en horecawet - the DHW Decree]. This decree also transposes a number of requirements arising from the implementation of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 2014) (the Broadband Directive). Moreover, it also applies one lower-level change.

An equivalence provision has been included in Article 1.3 of the Building Decree 2012. See also the explanatory notes by article on that provision.

Article 1.3 Equivalence provision

1. A regulation laid down in Chapters 2–7 need not be met or applied if the structure or use thereof offers at least the same level of safety, health protection, usability, energy efficiency and environmental protection as intended in the regulations stated in these chapters.

2. An equivalent solution as referred to in paragraph 1 shall be maintained during use of the structure.

3. An equivalent solution as referred to in paragraph 1, for a connection to the distribution grid for heat as referred to in Article 6.10(3) shall have at least the same level of energy efficiency or environmental protection as achieved with the level of energy efficiency and environmental protection specified in the heating plan for that connection.