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Recently we have received many questions about the regulations concerning home rental to "delers"; meaning a group of people, usually colleagues, sharing a home space. Municipalities are dealing with this in various ways. Amsterdam has fairly clear rules. However, in other municipalities such as Amstelveen, these regulations are rather less transparent. The regulations are not publicised and when one enquiries directly of the municipality in question, one tends to receive differing answers or responses which could be interpreted in a number of ways. A somewhat curious rule of thumb often used as a response is, "if the occupants share a pot of jam, then their sharing of a home is allowed."
After many repeated calls for a clear explanation, Renthouse has finally obtained an explanation of the regulations in writing, and it seems very clear that serious consequences can follow if they are not followed correctly.
We therefore request your attention to the paragraphs below which we have put together as a summary of the explanation we at Renthouse were given by the municipality of Amstelveen.
The regulations for Amsterdam can be found at the web link here https://www.amsterdam.nl/wonen-leefomgeving/wonen/bijzondere-situaties/woningdelen/ (in Dutch unfortunately).
The usage permitted at a particular address is determined by the applicable 'bestemmingsplan' (Allocation Plan). The municipalities of Amstelveen and Aalsmeer use different definitions of the concept of "housing". This also differentiates the permitted use specified by the two municipalities.
Amstelveen
Amstelveen's Allocation Plans specify that a home can only be used by one household at a time. This means that the residents must have what can be proven to be a lasting relationship with eachother. This does not apply, for example, to four students or work colleagues sharing the property.
Aalsmeer
In Aalsmeer there are a few older Allocation Plans where a property may also only be used by one household. However, for the vast majority of the housing stock, a home may be used for housing a) one single household, housing no more than three people next to the household, or b) four single households. This means, for example, that a couple who lives in the home can also rent rooms to three students, or that four students may live together in the residence. Besides students, we could also think of work colleagues or migrant workers.
If it is found that the property is not used according to the Allocation Plan, then both Amstelveen and Aalsmeer may apply for a legal process.
Finding your relevant Allocation Plan
Although the above description is a good rule of thumb, the nature of these kinds of situations has to be examined per address exactly what is and what is not permitted at that address.
Recent Allocation Plans can be consulted online. These can be found (in the Dutch language) at: www.ruimtelijkeplannen.nl.
For Aalsmeer you can look for older plans on the website:
http://www.aalsmeer.nl/web/Wonen-en-leven/Bestemmingsplannen-en-structuurvisies/Hoe-consulting-en-en-bestemmingsplan.htm
For Amstelveen you can view both recent and less recent plans on the website: http://ro0362.ropubliceer.nl
Clarification Interview
Still not sure? Then you can make an appointment for an interview with the municipality. The cost of an interview is € 85.00. In an interview, they can only evaluate your plan based on the current Allocation Plan. An interview can be obtained by filling out an "intake form for an interview" and mailing it to bvb@amstelveen.nl. Upon receipt of this form, you will be contacted to schedule an appointment. Please note that the appointment will be scheduled a few days later so that the municipal representatives can prepare for the conversation. An employee of the council then looks at your destination plan according to the destination plan.
For more information about requesting an interview, you can find other relevant information on these websites:
Amstelveen: https://www.amstelveen.nl/web/Bezoeken-en-Contact/Openingtijden-bibliotheken-raadhuis/Openingtijden-Balie-Bouwen-Vergunningen.htm
Aalsmeer: https://www.aalsmeer.nl/web/Bezoek-en-Contact/Openingstijden-balies-gemeentehuis/Openingstijden-balie-Bouwen-Vergunningen.htm
Sanctions
In both municipalities, they make a point of enforcing sanctions on contravention of an Allocation Plan.
This means that the municipality will begin a process to terminate the contravening residence situation, using a so-called 'last onder dwangsom' (burden under penalty payment). If the violation is not corrected within the time limit set by the municipality, the municipality will demand a sum of money (the penalty payment). This penalty payment is usually € 30,000, -. Further details on the enforcement process can be found online. You can find the relevant policy plans via the following links:
Http://www.amstelveen.nl/web/Bestuur-en-organisatie/College-van-B-en-W/Notas.htm (under the heading "Supervision and enforcement", the document "Licensing, Supervision and Enforcement Policy" 2016-2019 ")
Http://www.aalsmeer.nl/web/Bestuur-en-organisatie/Municipal-Weet-Regelgeving/Handhaving/Veststelling-VTHbeleidsplan-20162019.htm
