Beleidsregel voor het vaststellen van de leges omgevingsvergunning activiteit bouwen – Groningen Building Permit Fee Calculation Policy
The Beleidsregel voor het vaststellen van de leges omgevingsvergunning activiteit bouwen is a formal policy instrument issued by the College van burgemeester en wethouders of the Gemeente Groningen, Netherlands. Effective from February 14, 2024, with retroactive force to January 1, 2024, this document replaces the previous 2022 regulation. It operates under the legal framework of Article 4:81 Algemene wet bestuursrecht and the municipal Legesverordening, specifically relating to Hoofdstuk 2 van de Tarieventabel.
The primary function of this policy is to standardize the determination of construction costs (bouwkosten), which serve as the basis for calculating environmental permit fees for building activities (omgevingsvergunning activiteit bouwen). The scope encompasses all work required for the building project as shown on submitted drawings, including permanent structures, temporary installations like Portacabins, and mobile homes. It defines the methodologies for standard calculations (normberekening) and the use of benchmark figures (kengetallen) to ensure objective and transparent fee assessment across the municipality.
This document details the evaluation procedures applied by municipal building cost experts, the required documentation for cost substantiation, and the specific correction mechanisms, such as the 75% rule, used when applicant estimates significantly deviate from established market standards.
Definition and Determination of Construction Costs
According to Artikel 1, construction costs are defined based on several criteria depending on the nature of the project execution:
- Contracting sum: The amount excluding VAT as defined in paragraph 1 of the UAV 2012 (Uniforme administratieve voorwaarden).
- Cost estimate: If no contracting sum is available, a budget excluding VAT must be drafted according to the NEN 2699 standard (Investerings- en exploitatiekosten van onroerende zaken).
- Self-build/DIY: For projects involving self-labor, costs are calculated based on the price a third-party professional in the market would charge for the same work.
The calculation must include all elements presented in the permit application drawings, unless a specific component is explicitly identified as permit-free.
Standard Calculation and Benchmark Figures
The municipality utilizes a standard calculation (normberekening) to verify the construction costs provided by the applicant. This process relies on a specific list of benchmark figures (Kengetallenlijst).
- Bouwkostenkompas: The primary source for figures is the Bouwkostenkompas woning- en utiliteitsbouw from IGG Bointon de Groot bv.
- Regional Adjustment: Benchmark figures from the Bouwkostenkompas (typically based on the Utrecht region) are structurally lowered by 5% to reflect the economic situation in Groningen.
- Annual Correction: Figures may be adjusted annually based on index figures for residential and utility construction from sources such as CBS, BDB, or MBK.
Evaluation and Substantiation Procedures
Under Artikel 6, the municipality accepts the applicant's cost statement if the deviation from the municipal standard calculation is less than 10% or if the provided figure is explainably higher.
If the deviation exceeds these thresholds, the building cost expert may request further substantiation (nadere onderbouwing). Acceptable documents include:
- Specified quotes for all activities within the permit scope.
- Estimates or budgets drafted according to NEN 2699.
- A signed contracting agreement including a budget based on UAV 2012 or NEN 2699.
The 75% Rule and Corrections
Specific correction mechanisms apply when substantiation is deemed insufficient or when estimates are unrealistically low compared to the standard calculation.
- Minimum Threshold: If the substantiated costs are more than 25% lower than the municipal standard calculation, the municipality will apply a minimum of 75% of the standard calculation value (Artikel 8).
- Applicability: This 75% rule is applied to permit applications with a total construction sum up to a maximum of € 200,000.
- Expert Determination: If no additional information is provided upon request, the expert will proceed with the assessment based solely on the standard calculation.
Frequently Asked Questions
How are construction costs calculated for DIY or self-build projects in Groningen?
For self-build projects, the construction costs are determined by the price that a professional third party would charge for the work in the current market, excluding VAT.
What is the maximum deviation allowed before the municipality requests more information?
The municipality generally accepts the applicant's cost statement if it deviates by less than 10% from the internal standard calculation.
Which construction cost standards does the Gemeente Groningen recognize?
The policy recognizes the UAV 2012 for contracting sums and the NEN 2699 for cost estimations and budgets.
Are temporary structures like Portacabins subject to these fee calculations?
Yes, the policy explicitly states that temporary structures, such as Portacabins used for business housing or mobile homes, are included in the fee calculation based on professional realization costs.
How does Groningen adjust national building cost benchmarks for its local economy?
Groningen applies a 5% reduction to the benchmark figures found in the Bouwkostenkompas to align them with the local economic situation compared to the Utrecht reference area.
What happens if a cost substantiation is more than 25% lower than the standard calculation?
Under the 75% rule, if substantiated costs are more than 25% lower than the standard calculation, the municipality will charge fees based on at least 75% of the standard calculation, provided the total sum is under €200,000.
