Beleidsregels afwijking omgevingsvergunning Amsterdam Zuid – Policy Rules for Zoning Deviations
The Beleidsregels afwijking omgevingsvergunning is a regulatory document issued by the Gemeente Amsterdam, specifically for the Stadsdeel Zuid (South District). Published on December 15, 2023, this document represents the second revision of the policy originally established in 2019. It operates within the legal framework of the Wet algemene bepalingen omgevingsrecht (Wabo), specifically addressing applications for environmental permits that deviate from established zoning plans (bestemmingsplannen) under the so-called kruimelgevallenregeling (small-scale cases) listed in Bijlage II Bor.
The scope of these regulations covers common small-scale construction activities within the South District, including the installation of dormers (dakkapellen), roof terraces (dakterrassen), extensions (aan- en uitbouwen), and underground structures (ondergrondse bouwwerken). It also defines criteria for catering mixing formulas (mengformules horeca) and technical installations like ventilation systems. The document applies specific spatial assessments based on neighborhood characteristics, such as the 19de-eeuwse Ring, Gordel '20-'40, Plan Zuid, and various historical cores and residential areas developed after 1985.
This policy framework provides transparency for architects and developers regarding the criteria used by the municipal executive to exercise its discretionary power. It outlines concrete technical requirements and spatial limits intended to balance individual building desires with the protection of the urban living environment and monumental values.
Roof Terraces and Access
Specific conditions apply to the realization of roof terraces on main buildings and extensions to ensure privacy and urban quality. Key requirements include:
- Railing height: A maximum of 1.20 meters for the fence or balustrade.
- Surface area: For flat roofs, the terrace may not exceed 30% of the total available flat roof surface.
- Setbacks: A minimum distance of 1.20 meters must be maintained from the rear roof edge, and 1.00 meter from side property boundaries.
- Privacy screens: These are required when a terrace is situated within 2.00 meters of a neighboring terrace.
- Plan Zuid exceptions: In the Plan Zuid district, specific visibility rules apply where terraces must maintain a 4.00-meter distance from the roof edge if visible from public space.
Extensions and Outbuildings
The regulations for aan- en uitbouwen (extensions) and bijgebouwen (outbuildings) focus on preserving the character of the inner courtyards (binnenterreinen).
- Depth limits: Extensions are generally limited to a depth of 2.50 meters from the original rear facade.
- Height limits: For ground-level extensions, the height is capped at 5.00 meters, or 0.30 meters above the floor of the second story of the main building.
- Garden coverage: Total construction may not lead to more than 50% of the rear garden area (achtererfgebied) being built upon.
- Detached outbuildings: These are permitted with a maximum gross floor area of 9 square meters and a maximum height of 3.00 meters.
Underground Construction and Basements
Underground structures, such as kelders (basements) and souterrains, are subject to strict technical and environmental standards, particularly regarding groundwater flow.
- Extension depth: Basements may extend up to 2.50 meters into the garden from the rear facade.
- Groundwater neutrality: All underground construction must be grondwaterneutraal, ensuring no negative impact on the flow or level of groundwater for neighboring properties.
- Light wells (koekoeken): Ventilation and light structures may protrude a maximum of 0.30 meters into public space, provided they do not obstruct sidewalks.
- Technical advice: Specialist advice regarding soil and water management is mandatory for permit approval.
Excluded Areas and Special Designations
Certain zones within Amsterdam South are excluded from these policy rules due to their specific large-scale development status or environmental sensitivity.
- Excluded Zones: The Zuidas, Noord-Zuidlijn, Bedrijventerrein Schinkel, and the Havenstraatterrein project area are not governed by this note.
- Green and Water: Areas designated as 'green and water', such as city parks and cemeteries, are excluded.
- Orde 1-panden: For national and municipal monuments, these rules serve only as a baseline; the Commissie Ruimtelijke Kwaliteit (Beauty Committee) performs a strict individual assessment.
Frequently Asked Questions
What is the maximum height for a roof terrace fence in Amsterdam South?
The maximum height for the railing is 1.20 meters, excluding the supporting construction.
How deep can a ground-floor extension be without a special zoning deviation?
Under these policy rules, an extension is generally permitted up to a maximum depth of 2.50 meters from the original rear facade.
Are there specific rules for basements in the South District?
Yes, basements must be groundwater neutral and may not extend more than 2.50 meters into the rear garden area beyond the main building's facade.
Can I build a roof terrace on an extension?
Roof terraces on low-level extensions are permitted if they do not exceed a depth of 2.00 meters from the rear facade and maintain a 1.20-meter setback from the roof edge.
Is a permit required for a light well (koekoek) on the street side?
A permit is required, and the light well must not protrude more than 30 centimeters into the public space.
What are the rules for catering 'mengformules' in Amsterdam South?
The catering component must be secondary, limited to 20% of the net floor area with a maximum of 20 square meters, and must not have a separate street entrance.