Practice areas: Administrative law
Last month, Brad Pitt was spotted walking down Amsterdam’s canals – tousled hair and somewhat incognito. The reason: filming for The Riders, a film about an Australian man who sets out to find his missing wife. But before those images make it to the big screen, the production needs to obtain a considerable number of permits. What does a film producer need to arrange in order to film professionally in public spaces? And what role does the municipality play?
Professional film shoots in public spaces touch on a range of competing interests: the flow of traffic, public order, the residential amenity of local residents and the safety of bystanders. The municipality is the designated authority to regulate and balance these interests.
The municipal council adopts by-laws under Article 149 of the Municipalities Act (Gemeentewet) where it considers them necessary in the interest of the municipality. These by-laws form the basis of the General Municipal By-law (Algemene Plaatselijke Verordening, APV), which contains, among other things, permit and notification systems for the use of public spaces. Depending on the nature of the shoot, the Road Traffic Act (Wegenverkeerswet) and the Environmental Plan (Omgevingsplan) may also be relevant. Where filming activities qualify as an environmental planning activity, for example through the temporary placement of set pieces or structures, an environmental permit may be required under Article 5.1(1)(a) of the Environment and Planning Act (Omgevingswet).
For Amsterdam, the Film Protocol Amsterdam, adopted by the municipal executive on 13 June 2023, is the starting point. The protocol sets out which public law authorisations are required for filming activities in Amsterdam’s public spaces and how these are to be applied for.
The most common authorisations are an RVV exemption (allowing vehicles to be driven in places where this is normally prohibited, such as pavements or squares), a temporary traffic measure (TVM, for closing off roads or temporarily using parking spaces), an object permit (for placing temporary, non-movable objects such as skips, portable toilets or set pieces) and a TVW (temporary hire of prop weapons).
The protocol uses four impact categories (A through D). The minimum lead time before the start of filming runs from three working days for a small-scale shoot (category A) to thirty working days for a large-scale production (category D). Category D additionally requires coordination with the mayor’s cabinet. Full responsibility and liability for a correct and timely application rest with the producer. In the event of non-compliance, the municipality may halt filming, impose fines and withdraw its cooperation indefinitely.
Every municipality has its own rules and policies. Larger cities typically have a dedicated film office and an established protocol; smaller municipalities may operate less formalised procedures, but still require the same public law authorisations. It is therefore always advisable to contact the relevant municipality at an early stage.
Filming professionally in public spaces requires thorough legal preparation. The applicable rules derive from a variety of sources, from the APV to the Environmental Plan, and translate into a series of permits and exemptions. Early contact with the municipality, a careful assessment of the impact of the shoot and a well-planned application process are essential to avoid delays or interruptions.
Do you have questions about the permits required for your film production, or would you like guidance through the application process? Please do not hesitate to contact our specialists.
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