'Nature protection' permit

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Summary:

For certain operations, you must apply for a 'nature protection' permit.

A 'nature protection' permit is required for various operations in a green zone (new constructions, alterations to existing constructions, etc.) or within a zone classified as suitable for development (destruction of protected biotopes or habitats, etc.) in order to guarantee the protection of biological balance and natural resources.

The permit application must be submitted to the Permit department of the Nature and Forest Agency (Service autorisations de l’Administration de la nature et des forêts).

The permit is issued by the minister responsible for the environment.

Who is concerned?

Any natural or legal person, private individual or public entity, that is planning an operation which is subject to a 'nature protection' permit.

Operations concerned

You must in particular request a permit for the following operations:

  • new constructions and installations in a green zone;
  • alterations to existing constructions in a green zone;
  • organisation of activities in a green zone (for example: an event in a green zone);
  • change of allocation of forest land;
  • destruction or deterioration of biotopes or protected habitats in a green zone or within a zone classified as suitable for development.

A permit must be requested for any construction, operation or activity (with the exception of those below) which does not exist naturally in a green zone but is put there by humans.

A construction is understood to mean a collection of materials bound together artificially, in a durable manner, whether or not incorporated in the ground, surface or underground, included in:

  • a development;
  • a building;
  • a structure; or
  • an installation.

Some installations or constructions do not require a permit (see Annex 9 of the law of 18 July 2018 on the protection of nature and natural resources, as amended (French, Pdf, 399 Kb)). This concerns for example certain types of enclosures or photovoltaic installations where the panels are fitted lying flat on the roof.

Prerequisites

How to create a private eSpace on MyGuichet.lu

A tutorial is available to help applicants set up a private eSpace on MyGuichet.lu if they do not already have one.

How to create a business eSpace on MyGuichet.lu

There are 2 possible scenarios:

  1. The person submitting the application is a new user of MyGuichet.lu. They must:
    • first register on MyGuichet.lu; and
    • then create a business eSpace.
  2. The person submitting the application already has a private eSpace on MyGuichet.lu. They can directly create a business eSpace without having to register again.

Further information as well as tutorials in relation with the business eSpace are available in our dedicated help page.

How to proceed

Submitting the application

There are two ways in which you can submit your application for a nature protection permit to the Nature and Forest Agency. The first one is strongly recommended because processing is more efficient and quick:

  • online through MyGuichet.lu, with authentication using a LuxTrust product or an electronic identity card (eID). The MyGuichet.lu assistant guides you through the permit application procedure by customising the information and the documents to be included to your type of project. The application can also be made using the mobile app.
  • by post by sending the nature protection permit application form (see 'Online services and forms') to the address given on the form.

Mandatory documents

You must submit the following information and documents with your application:

  • the exact designation of the application, which includes a precise description of the project;
  • an extract from the topographical map, indicating the place where the project will be located;
  • for a new construction, or change of use of an existing construction:
    • a description of the project and a demonstration of the real need for the construction, extension or change of use;
    • the construction plans (layout plans, elevation drawings, longitudinal and cross sections with dimensions) which indicate the specific purpose of the construction and contain an exact description of the construction method and materials;
    • an exhaustive list of the changes to the natural ground;
    • the transformation plan of the surroundings and accesses;
    • an extract from the land registry of the settlement plot, issued within the last 3 months;
    • an extract from the general development plan, which shows the classification of the plot;
  • in the event of destruction or deterioration of protected biotopes, habitats of communal interest or habitats of species of communal interest:
    • a precise identification of the elements that will be destroyed or damaged; and
    • an evaluation of the ecopoints;
  • in the event of an application for derogation from the protection of species:
    • a list of the species concerned; and
    • a description of the nature and the duration of the intended operations;
  • for constructions in green zones that are likely to have a significant effect on the natural environment:
    • an impact study drawn up by an approved person.

The MyGuichet.lu assistant tells you automatically which documents to attach according to the content of your application.

Application checks

The Permit Department of the Nature and Forest Agency will check whether your file is complete and, where applicable, will tell you which documents are missing so that your application can be dealt with within the deadlines laid down by legislation.

Appeals

Following notification of the decision, you may:

You may also lodge a complaint with the Ombudsman.

Online services and forms

Who to contact

Permit Department

Related procedures and links

Procedures

Water permit

Links

Further information

Legal references

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