Beleidsregel voor woningsplitsing binnen de bebouwde kom De Wolden – Residential Splitting Policy
The Beleidsregel voor woningsplitsing binnen de bebouwde kom De Wolden is a municipal policy framework established by the College van burgemeester en wethouders of the Municipality of De Wolden, Netherlands. Valid from June 2, 2022, this document provides specific guidelines for the structural or functional division of a single dwelling into two or more residential units. The policy is legally anchored in Articles 4:81, 4:83, and 1:3 of the Algemene wet bestuursrecht (General Administrative Law Act) and Articles 2.1 and 2.12 of the Wet algemene bepalingen omgevingsrecht (Wabo).
The regulation applies exclusively to residential properties located within the designated built-up area (bebouwde kom) of the municipality. Its primary objectives are to address quantitative housing needs, facilitate the transformation of existing housing stock to meet qualitative demands, and support housing arrangements involving future care needs, referred to as pre-mantelzorg. The document establishes technical and spatial standards, including minimum surface area requirements and parking norms, while ensuring the preservation of architectural and cultural-historical values. Key technical definitions such as Gebruiksoppervlakte (usable floor area) are based on the NEN 2580 standard.
The following sections detail the specific assessment criteria, definitions, and legal scope required for obtaining an omgevingsvergunning (environmental permit) for residential splitting projects within De Wolden.
Scope and Applicability
Article 2 defines the geographic and functional scope of the regulation. These rules apply to all applications for an environmental permit intended to facilitate residential splitting within the built-up area of the Municipality of De Wolden.
- Bebouwde kom: The area characterized by continuous construction with a primary residential or living function.
- Hoofdgebouw: The main building or portion thereof necessary for the current or future zoning destination of the plot.
- Exclusions: The policy does not apply to business-related dwellings (bedrijfswoningen) or recreational dwellings (recreatiewoningen).
Assessment Criteria for Residential Splitting
Article 3 outlines eight mandatory conditions that must be met before the municipal executive can grant a permit for residential splitting. These criteria ensure that splitting contributes to a sound spatial planning environment.
- Residential Status: The building must be a dwelling and must function as the main building on the plot.
- Independence: Each resulting unit must be a Zelfstandige woonruimte, meaning it has its own entrance and is not dependent on essential facilities outside the unit.
- Minimum Surface Area: Each individual dwelling must have a Gebruiksoppervlakte of at least 55 m2.
- Parking Standards: Sufficient on-site parking must be provided, defined as at least 2 parking spaces per dwelling.
- Spatial Quality: The split must not cause disproportionate harm to the spatial, architectural, or cultural-historical quality of the area.
- Environmental Constraints: The project must not result in environmental limitations for surrounding lands.
- Policy Alignment: The addition of dwellings must align with the municipal housing stock policy.
Definitions and Technical Standards
The policy utilizes specific terminology to ensure legal and technical clarity during the permit application process.
- Woningsplitsing: Defined as the structural or functional splitting of one dwelling into two or more units.
- Huishouden: An individual or a group of two or more persons maintaining a lasting communal household.
- NEN 2580: The standard used to calculate the usable floor area of the residential units.
Frequently Asked Questions
What is the minimum floor area for a split dwelling in De Wolden?
According to Article 3, Section 4, each individual dwelling resulting from a split must have a usable floor area (gebruiksoppervlakte) of at least 55 m2.
How many parking spaces are required for a residential splitting project?
The policy requires sufficient parking on private property, which is specifically defined as a minimum of 2 parking spaces per resulting dwelling.
Can a business residence or holiday home be split?
No, Article 3, Section 1 explicitly states that the building to be split cannot be a bedrijfswoning (business residence) or a recreatiewoning (recreational dwelling).
Is residential splitting allowed outside the built-up area under this policy?
No, Article 2 limits the applicability of this specific policy rule to locations within the bebouwde kom (built-up area) of the municipality.
What defines an 'independent living space' in this regulation?
A zelfstandige woonruimte is defined as a living space with its own entrance that can be inhabited by a household without dependency on essential facilities outside that space.
Does the municipality consider informal care needs in splitting applications?
Yes, the preamble mentions that residential splitting can facilitate pre-mantelzorg (pre-informal care) housing needs.
