Dutch Legislation

Chapter 12

in force

Special instruments for the development of areas

Environment and Planning Act (Omgevingswet) · Articles: 47

Section 12.1

General provisions

12.1 Article 12.1

In this Chapter and the provisions based thereon, the term "entitled party" (rechthebbende) shall be understood to mean:

12.2 Article 12.2

This Chapter and the provisions based thereon concerning owners shall apply mutatis mutandis to holders of a right of superficies (opstal), holders…

12.3 Article 12.3

Land consolidation is intended for the improvement of the layout of the rural area in accordance with the functions that have been assigned to the…

12.4 Article 12.4

Powers regarding land development may be exercised by the provincial executive (gedeputeerde staten) of the province in which the area to be…

12.5 Article 12.5

No change shall be made to the state and operation of locations that also serve a function for national defence without the consent of Our Minister…

12.6 Article 12.6

If land consolidation forms part of the land development, an estimate as accurate as possible shall be made of the costs thereof and of the share of…

Section 12.2

Establishment Decree

12.7 Article 12.7

An allotment decision (inrichtingsbesluit) shall be adopted simultaneously with the allotment programme (inrichtingsprogramma), in the case of land…

12.8 Article 12.8

An establishment decision provides, insofar as applicable, for:

12.9 Article 12.9

By way of derogation from Articles 8 and 9 of the Road Act (Wegenwet), it may be provided in a development decision (inrichtingsbesluit) that a…

12.10 Article 12.10

In land consolidation, no change shall be made to the rights and the state of use of:

12.11 Article 12.11

The allocation of ownership of roads or public works (waterstaatswerken), as referred to in Article 12.8, paragraph 1, under a, shall take place to…

12.12 Article 12.12

The allocation of ownership of public roads or public works for water management, or the management or maintenance of public roads to a legal person…

12.13 Article 12.13

The ownership, management and maintenance of the areas and public utility facilities referred to in Article 12.8, paragraph 1, under (c) and (d)…

12.14 Article 12.14

Insofar as the management or maintenance of public roads did not vest in the public body or legal person concerned prior to the land consolidation…

12.15 Article 12.15

From the time at which an instruction for the execution of works for the improvement of existing roads has been given pursuant to Article 12.18…

Section 12.3

Implementation of land consolidation

12.16 Article 12.16

The Provincial Executive shall implement the development programme and, insofar as applicable, the development decision.

12.17 Article 12.17

The development programme or the development decision may be implemented in parts.

12.18 Article 12.18

The Provincial Executive of the province where the activities mentioned in the development programme are primarily carried out may issue an…

12.19 Article 12.19

The performance of activities as referred to in Article 10.10f, paragraph 1, shall not be commenced until the provincial executive (gedeputeerde…

Section 12.4

Land consolidation

12.20 Article 12.20

For the application of this Section, the Provincial Executive (gedeputeerde staten) of the province in which the land consolidation block is situated…

12.21 Article 12.21

Plots or parts of plots that belong to a land consolidation block may be temporarily made available for use.

12.22 Article 12.22

For each land consolidation block, a reallocation decision shall be adopted.

12.23 Article 12.23

The list of entitled parties shall state, as completely as possible for all entitled parties, the nature and extent of the right contributed by them…

12.24 Article 12.24

The provisions regarding plots and rights in the land consolidation decision include:

12.25 Article 12.25

In the land parceling, each parcel shall be formed in such a way that it has access to a public road and, if possible, is adjacent thereto.

12.26 Article 12.26

Upon the allocation of rights to plots, every owner is entitled to acquire a right of the same nature as the one they held in the immovable property…

12.27 Article 12.27

In the allocation of rights to plots, every lessee is entitled to obtain a right of the same nature as the one they held in respect of the immovable…

12.28 Article 12.28

In the land consolidation decision, existing leasehold relations shall be maintained as much as possible.

12.29 Article 12.29

If land consolidation forms part of the land development, the total surface area of all plots involved in the land consolidation shall, for each land…

12.30 Article 12.30

In the allocation of rights to plots, every owner is entitled to an area in plots that is equal to the area of the parcels contributed by him. This…

12.31 Article 12.31

The reallocation decision may stipulate that an owner, by way of derogation from Article 12.30, paragraph 1, shall receive full compensation in money…

12.32 Article 12.32

The allocation of plots for public utility facilities, insofar as this is provided for by the application of a reduction pursuant to Article 12.29…

12.33 Article 12.33

By way of derogation from Article 12.30, paragraph 1, the owner of immovable property included in the allocation referred to in Article 12.8…

12.34 Article 12.34

If the allocation, as referred to in Article 12.32, concerns a plot of land for which the owner or lessee has invoked Article 12.33, the allocation…

12.35 Article 12.35

Insofar as immovable property is included in the provisions regarding rights and plots, limited rights not covered by Article 12.26, the right of…

12.36 Article 12.36

For the land consolidation block, a decision on financial arrangements shall be established.

12.37 Article 12.37

The Decree on financial arrangements contains:

12.38 Article 12.38

Provincial Executive estimates:

12.39 Article 12.39

The difference in surface area, quality, or potential use between the plots contributed and the plots allotted after application of Articles 12.29 up…

12.40 Article 12.40

If a land consolidation activity leads to an increase in the value of an immovable property, such increase in value shall only be compensated if a…

12.41 Article 12.41

Once the period for lodging an appeal against a decision on financial arrangements has expired, or, if an appeal has been lodged, once a decision has…

Section 12.5

Other provisions

12.42 Article 12.42

Where cassation as referred to in Article 16.82c leads to a reduction of the liability for debt of one or more interested parties, the financial…

12.43 Article 12.43

By registration of the appellate decision, as referred to in Article 16.33l, in the public registers, the ownership described in that decision is…

Section 12.6

Parcel exchange

12.44 Article 12.44

A land consolidation agreement is an agreement whereby three or more owners undertake to pool certain immovable property belonging to them, to parcel…

12.45 Article 12.45

A land consolidation agreement shall also be binding upon those who, after the time of registration, succeed the participating parties under a…

12.46 Article 12.46

In a land consolidation agreement, the provisions of Articles 12:35, paragraphs 2, 3 and 4, 16:136, paragraphs 2 and 3, and 16:137, paragraphs 3 and…

12.47 Article 12.47

A land consolidation in rural areas is a land consolidation agreement intended to improve an area in accordance with the functions assigned to the…