Beleidsregel “kamerverhuur –en woningsplitsing” Alkmaar – Housing Conversion and Subdivision Policy
The Beleidsregel “kamerverhuur –en woningsplitsing” is a formal policy document issued by the College van burgemeester en wethouders of the Gemeente Alkmaar. Effective since January 1, 2017, this regulation provides a detailed elaboration of the livability requirements established under Chapter 3 of the municipal Huisvestingsverordening (Housing Ordinance). It replaces the previous 2014 policy regarding the safeguarding of living environments during the subdivision of dwellings. This legal framework governs the processes of withdrawal (onttrekking), conversion (omzetting), housing formation (woningvorming), and cadastral splitting (kadastrale splitsing) within the municipal boundaries.
The document establishes a dual Leefbaarheidstoets (Livability Test) that must be passed before a permit is granted. This test consists of fysieke leefbaarheidseisen (physical livability requirements) regarding technical and spatial standards, and an algemene leefbaarheidstoets (general livability test) which evaluates the social and environmental pressure on specific streets or neighborhoods. Regulated activities include the transformation of single-family homes into multiple independent units or the conversion of residential properties into shared housing for room rentals. The policy specifies mandatory compliance with NEN 5077 for sound insulation and NEN 2580 for floor area measurements.
Professional stakeholders, including developers and landlords, are required to adhere to the principles of goed verhuurderschap (good landlordship) as a condition of the permit. This involves active management, maintenance standards, and the appointment of a non-resident manager. The municipality utilizes a dynamic stippenkaart (dot map) to monitor the density of converted properties and ensure the residential climate remains balanced across different districts of Alkmaar.
The Two-Part Livability Test
The Leefbaarheidstoets is a cumulative assessment tool used to determine if a permit for housing formation or conversion should be granted or refused. It is divided into two distinct phases:
- Fysieke leefbaarheidseisen: These are technical requirements regarding the building itself, such as minimum floor areas and acoustic insulation standards.
- Algemene leefbaarheidstoets: A qualitative assessment of the neighborhood, district, or street to weigh the impact of the project on the local living environment.
- Stippenkaart: A dynamic mapping system used by the municipality to visualize the current pressure on livability in specific locations.
Failure to meet the criteria in either part of the test will generally result in the refusal of the permit application.
Housing Formation and Cadastral Splitting
Specific spatial and technical thresholds apply to the subdivision of a property into multiple independent residences. Applications must satisfy the following fysieke leefbaarheidseisen:
- Geluidsisolatie: Sound insulation for residential-separating constructions must meet NEN 5077 standards for new builds.
- Minimum Original Area: The property to be subdivided must have an original gross floor area (brutovloeroppervlakte) of at least 120 m² based on NEN 2580.
- New Unit Size: Each newly formed dwelling must have a minimum gross floor area of 50 m².
- City Center Exceptions: In the Binnenstad, units may be reduced to 35 m² if outdoor space is provided, or 45 m² without outdoor space.
Room Rental and Conversion Requirements
The conversion of a property for room rental (kamerverhuur) is subject to density and space requirements to prevent overcrowding and local disturbance.
- Space per Resident: A minimum of 24 m² of gross floor area is required per individual resident.
- Maximum Occupancy Example: A dwelling with an original area of 120 m² can be converted for a maximum of 5 residents.
- Acoustic Standards: Compliance with NEN 5077 for horizontal and vertical sound insulation is mandatory for all converted spaces.
Principles of Good Landlordship
Permits are granted under the condition of goed verhuurderschap, which aims to promote livability after the conversion or subdivision is complete. This includes several management obligations:
- Maintenance: The property must be kept in a good state of repair.
- House Rules: A set of living and safety rules must be established to prevent nuisance.
- Professional Management: An external manager (not a tenant) must be appointed to oversee hygiene and safety.
- Availability: The manager or landlord must be reachable 24 hours a day for complaints from residents, neighbors, or authorities.
- Resident Registry: The landlord must maintain an up-to-date overview of all occupants.
Non-compliance with these conditions can lead to the revocation of the permit under Article 26 of the Huisvestingswet.
Frequently Asked Questions
What is the minimum size for a new apartment created through subdivision in Alkmaar?
The minimum gross floor area for a new dwelling is 50 m², although exceptions exist in the city center for units as small as 35 m² with outdoor space.
Which sound insulation standard must be met for housing conversion?
All converted or subdivided units must meet the NEN 5077 standards for airborne sound insulation as defined in the Building Decree for new constructions.
What is the minimum original size required to split a house into two units?
The original property must have a gross floor area of at least 120 m² according to NEN 2580 standards.
How much space is required per person in a room rental property?
There must be a minimum of 24 m² of gross floor area available for every resident in a converted room rental dwelling.
Can a tenant act as the official manager under the good landlordship rules?
No, the appointed manager responsible for hygiene, safety, and 24/7 availability must be someone other than a tenant of the property.
What happens if a project conflicts with the local zoning plan?
An application for an omgevingsvergunning is required, and the project must meet three additional conditions: urban development quality, parking, and a healthy living climate.
What is the function of the municipal 'stippenkaart'?
The stippenkaart is a dynamic map used in the general livability test to assess the current concentration of converted properties and the resulting pressure on a specific street.