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The government is imposing increasingly stringent requirements on the use of residential space. Whether it concerns letting, property division, room rental or use that contravenes the environmental plan, anyone involved in housing will soon have to deal with administrative law rules and enforcement.

At Corten De Geer, we assist clients with legal issues relating to housing from an administrative and tenancy law perspective. This includes disputes over permits or enforcement procedures involving fines or penalties.

We act on behalf of private individuals, professional landlords and interest groups. We offer a clear plan of action and guide you through every step of the administrative and tenancy law process.

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FAQ

What types of permits can be granted on the grounds of a housing ordinance?

Local authorities can use their housing ordinance to make various permits compulsory in order to regulate the use of living space. Examples include conversion permits, housing formation permits and division permits. These permit requirements are intended to ensure a balanced distribution of living space, guarantee safety and quality of life, and prevent overcrowding or unauthorised letting, for example.

What rules apply to room rental or house sharing?

The rules for room rental and house sharing vary from municipality to municipality. In most cases, a permit is required if you rent out rooms to more than a certain number of people. In Amsterdam, for example, a permit is required if you rent out rooms to more than three residents who do not form a family. Therefore, always check which specific rules and permit requirements apply in your own municipality.

What can a local authority do in the event of a breach of housing regulations?

In the event of a breach of housing regulations, the local authority can take enforcement action, for example by imposing an order subject to a penalty or an administrative fine. This often happens in cases of illegal room rental, exceeding the permitted number of residents or using a property for unauthorised purposes. Legal remedies are always available against an enforcement decision: both tenants and landlords can lodge an objection and then, if necessary, lodge an appeal.

What can I do against an order subject to a penalty for non-compliance or an administrative coercive measure for violating the rules of the Housing Act?

If you have received such a decision from the local authority, the decision will often state what steps you can take. There are usually three options: end the violation, legalise the situation (by means of a permit) or lodge an objection to the order. The latter option is followed by a procedure in which you can challenge the order. It is important to act quickly, as objections must be lodged within a period of six weeks.

Can the local authority force me to evict residents?

If the rental is in violation of the Housing Act, the local authority can issue an administrative coercive measure to compel you to stop the violation. You may then be forced to evict a resident in order to stop the violation.

When does a tenant need a housing permit?

A housing permit is usually required when the property is subject to the municipality's scarcity rules, such as social housing or certain mid-range rental properties. Municipalities use these permits to promote a fair distribution of living space. Conditions such as an income limit and registration as a residence seeker often apply. Renting without a housing permit, when it is mandatory, is not permitted.

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