Homeowners must first have a thorough ecological investigation carried out into the presence of bats before they are allowed to insulate their home. That is the Council of State judged on Wednesday, which means that the implementation of the government plan to insulate 2.5 million homes with a low energy label in the coming years may be delayed for years. Such an ecological study takes a year and can cost up to 5,000 euros.
Since the nitrogen crisis, which was also caused by a ruling by the Council of State, there has been a major shortage of ecologists. Because of the ruling, they are now a lot busier. In the vast majority of cases, private individuals do not now call in an expert for the insulation of their home, and that will have to be the case from now on: “the presence of cracks and crevices suitable for bats can only be determined by an expert”, it can be read. in the pronunciation.
Nature protection law
The condition of the bat is of great concern to ecologists. When insulating cavity walls, bats risk losing their habitat or even suffocating if they cannot get away in time. Because the bat plays an important role in the ecosystem, it is protected under the European Habitats Directive and nationally under the Dutch Nature Conservation Act. This means, among other things, that strict rules are attached to the disturbance or chasing of the animal.
Anyone who wants to demolish or insulate a building must take “sufficient care” to prevent bats from being harmed, the law states. What exactly that means was open to interpretation until Wednesday. The ruling of the Council of State, which links this duty of care to an ecological study, now seems to bring clarity. Housing associations, project developers and construction companies usually already carry out such an investigation, but this is by no means always the case with private individuals.
The ruling puts an insulation company from Best in the wrong. The environmental service of the province of Utrecht imposed a penalty on the insulation company in 2019 because it had not carried out sufficient research into the presence of bats. The company appealed several times, all the way to the Council of State. The highest administrative court ruled on Wednesday that an endoscopic examination with a camera is not sufficient to determine whether there are bats in a cavity wall.
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