What is an Article 19 procedure?
The Article 19 procedure was a Dutch legal procedure that allowed municipalities to grant an exemption from the applicable zoning plan, so that a building proposal that did not comply with the zoning rules could still be approved. The article referred to Article 19 of the former Dutch Spatial Planning Act (Wet op de Ruimtelijke Ordening, WRO).
Background
Not every building proposal fits within the zoning plan. Formerly, Article 19 WRO offered three options:
- Article 19(1) — an independent project procedure for major deviations (e.g. a new residential area), requiring provincial approval
- Article 19(2) — for deviations in line with provincial policy, without provincial approval
- Article 19(3) — for minor deviations (e.g. a dormer or extension that falls just outside the zoning plan)
Current situation
Since the introduction of the Dutch Environment and Planning Act (Omgevingswet, 2024), the Article 19 procedure has been replaced:
- Minor deviations — are now handled via the standard environmental permit
- Major deviations — follow an extended permit procedure
- Zoning plan amendment — for structural changes, the zoning plan (now: environmental plan) is updated
Comparable instruments internationally
- Section 73 / Section 78 — (UK) variations and minor material amendments to planning permission
- Variance / Special permit — (US) deviation from zoning ordinances
Related terms
- Zoning plan
- Planning permission
- Building permit
- Building line
- Design review
Want to learn more about construction terms? Visit our knowledge base at fredsdiyplans.com.