Beleidsregel bijwoning met zelfstandige voorzieningen Land van Cuijk 2025 – Co-habitation Policy
The Beleidsregel bijwoning met zelfstandige voorzieningen Land van Cuijk 2025 is a regulatory framework established by the College van burgemeester en wethouders of the Municipality of Land van Cuijk, Netherlands. This policy, valid from August 22, 2025, replaces the 2024 edition. It operates under the legal authority of Article 4:81 of the Algemene wet bestuursrecht (Awb) and Article 5:1 of the Omgevingswet. The document facilitates 'better utilization of existing housing stock' by allowing multiple households to reside on a single plot through a Buitenplanse omgevingsplanactiviteit (BOPA).
The policy governs the creation of bijwoningen (subordinate co-habitation units) which must remain functionally connected to a primary residence. Its scope covers temporary deviations from the municipal Omgevingsplan for a maximum period of 15 years. It defines specific technical requirements for these units, emphasizing levensloopbestendige wooneenheden (life-cycle proof units) that are accessible for all life stages, including those with physical disabilities or chronic illnesses. Regulated activities include the conversion of existing outbuildings, extensions, or the placement of temporary mobile structures.
This document outlines the procedural requirements for applications via the Omgevingsloket, the spatial conditions for approval, and the specific grounds for refusal or withdrawal of permits. It distinguishes bijwoning from statutory caregiver housing (mantelzorgwoning), providing a broader legal path for generational living and housing shortages.
Core Definitions and Spatial Scope
The policy establishes strict definitions to ensure units remain subordinate to the main dwelling and do not lead to unauthorized property splitting.
- Bijwoning met zelfstandige voorzieningen: A subordinate extra living unit for a maximum of 2 persons, with a size between 30 m² and 100 m².
- Levensloopbestendige wooneenheid: A unit that is internally and externally accessible without stairs for the living room, kitchen, toilet, bathroom, and at least one bedroom.
- Buitenplanse omgevingsplanactiviteit (BOPA): An activity that deviates from the local environment plan, permitted temporarily for a maximum of 15 years.
- Zelfstandige woning: A dwelling with its own plot, utilities, and entrance, which is explicitly not the status granted to a bijwoning.
Application and Participation Requirements
Applications must be submitted through the national Omgevingsloket and must include documentation proving the project's feasibility and social support.
- Ownership proof: Evidence of plot ownership or authorization from the owner.
- Owner declaration: A signed document acknowledging the consequences of the temporary 15-year period and the requirement to restore the site afterward.
- Omgevingsdialoog: A report summarizing the dialogue held with stakeholders and neighbors to assess local support.
- Design proof: Documentation demonstrating that the unit is equipped as a life-cycle proof residence.
Mandatory Conditions for Approval
The municipality grants cooperation only if the project meets specific environmental and spatial standards under Artikel 5 Medewerking.
- Parking: At least one additional parking space must be provided on the plot, on top of existing requirements for the main house.
- Subordination: The unit must be part of the main building mass, an extension, or an existing outbuilding, and it cannot have a separate entrance or yard (erf).
- Registration: The permit holder must be registered in the Basisregistratie Personen (BRP) and reside on the plot.
- Utility connection: The unit must be connected to the utilities of the primary residence.
Refusal and Withdrawal Grounds
Per Artikel 6 and Artikel 7, the municipality will refuse or retract permits under specific circumstances to protect the living environment.
- Woningsplitsing: Requests involving the formal splitting of a property will be refused.
- Existing units: Approval is denied if a mantelzorgwoning or another bijwoning is already present on the plot.
- Non-use: The permit may be withdrawn if not used within one year of becoming irrevocable or if the unit remains unused for over a year.
- Public order: Any project leading to a disturbance of public order, safety, or health is prohibited.
Frequently Asked Questions
What is the maximum duration for a bijwoning permit in Land van Cuijk?
The permit is granted for a maximum of 15 years and cannot be extended.
What are the minimum and maximum size requirements for the unit?
A bijwoning must have a minimum floor area of 30 m² and a maximum of 100 m².
How many people are allowed to reside in a bijwoning unit?
The unit is intended for a maximum of 2 persons.
Is it mandatory for the unit to be life-cycle proof?
Yes, it must be a levensloopbestendige wooneenheid, meaning key facilities like the bedroom and bathroom must be accessible without climbing stairs.
Does the unit require its own parking space?
Yes, at least one additional parking space must be realized on the property, following a parking norm of 1.
Can I apply for a bijwoning if there is already a caregiver home on my plot?
No, the policy limits the number of subordinate units to one; it cannot be combined with a mantelzorgwoning or pre-mantelzorgwoning.
Must the resident be registered with the municipality?
Yes, residents must be registered at the specific address in the Basisregistratie Personen (BRP).
Is property splitting allowed under this policy?
No, formal woningsplitsing (splitting the property into two separate legal addresses/dwellings) is explicitly prohibited.
