Brabant’s ban on latent nitrogen space raises legal questions

Livestock farmers in Brabant are at risk of losing nitrogen rights without their permits being formally revoked. Effective July 1, 2026, the province wants to ban the use of “latent nitrogen space,” even though businesses still hold valid nature permits. Van Dun Advies points to legal uncertainty and advocates for clear rules. “Businesses need to know where they stand,” says Chris van der Heijden. “The permit will remain in place, but it will soon no longer be permitted to be used. What is a permit worth then?” Latent nitrogen space is licensed but unused space, for example, for vacant barns or never-realized building rights. According to the draft decree, this space may no longer be used from July 1, 2026, if a barn has been vacant for three years or has not been built within three years of the permit being granted. The province is opting for a ban on use without formal revocation. According to Van Dun Advies, this leads to uncertainty and legal proceedings. It remains unclear when such a ban legally takes effect and how it will be enforced. There is no formal revocation, but the permit may no longer be used. This prevents entrepreneurs from making well-considered decisions. A careful balancing of interests is also lacking. “When a permit is revoked, the interests of both nature and the permit holder must be weighed. This ban functions as a revocation, but without a balancing of interests. That is not careful.” Furthermore, there is uncertainty about the evidence during inspections. Van Dun Advies has submitted a statement of opinion because it believes the legal rules must be adhered to. “This prevents entrepreneurs from only discovering the value of their permit after the fact.” Entrepreneurs are advised to have their situation legally assessed. Sometimes it makes sense to start the activity or use nitrogen space for other purposes before July 1 2026. To do so you must have started before January 1, 2025, and submit a nature application no later than July 1 2026.