Council of State issues mixed verdict on key environmental and property laws
The Council of State has published two critical advisory opinions on draft legislation affecting environmental regulations and property rights. One proposal received a green light, while the other faces significant objections, potentially delaying its progress.
| Aspect | Details |
|---|---|
| Positive Advisory Opinion | Omgevingswet LVVN and KGG 2026 Collection Decree (Dictum A) |
| Critical Advisory Opinion | Decree on Structures in the Living Environment and Designation Decree on Public-law Limitations on Immovable Property Act (Dictum C) |
| Publication Date | 16 March 2026 |
| Source | Advisory Division of the Council of State |
| Next Steps | Critical decree may require amendments before parliamentary submission |
The Council of State is the Dutch government’s highest advisory body on legislation and governance. Its Advisory Division reviews draft laws to ensure they are legally sound, feasible, and aligned with constitutional principles before they are submitted to parliament.
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Council of State publishes two advisory opinions today
Last Wednesday, the Advisory Division of the Council of State finalised two legislative advisory opinions. These have been published today, 16 March 2026, on the Council of State’s website.
One advisory opinion has received the so-called dictum A. This is a positive opinion and means that the Advisory Division has no objections to the draft bill.
This advisory opinion concerns the:
- Omgevingswet LVVN and KGG 2026 Collection Decree
The other advisory opinion received a critical dictum, dictum C. The Advisory Division has raised several objections to the proposal and advises against submitting it to the House of Representatives of the States General unless it is amended.
This advisory opinion concerns the:
- Decree on Structures in the Living Environment and the Designation Decree on the Public-law Limitations on Immovable Property Act.
The opinions finalised by the Advisory Division on Wednesday afternoons are published every Monday morning at 10:00 on the Council of State’s website.