Huisvestingsverordening Diemen 2020 – Municipal Housing and Stock Management Regulations
The Huisvestingsverordening Diemen 2020 is a municipal ordinance issued by the Municipality of Diemen, Netherlands. This regulation establishes the legal framework for the distribution of housing and the management of the local housing stock. It operates under the mandate of the national Huisvestingswet 2014 (Housing Act 2014). The ordinance came into effect on January 1, 2021, and remains valid until January 1, 2025, unless superseded by new regional agreements.
The regulatory scope encompasses independent rental dwellings with a rent below the Liberalisatiegrens (liberalization limit) and designated mid-market rental units (middeldure huurwoningen) subject to the Verordening doelgroepen woningbouw Diemen 2019. The document defines specific procedures for the issuance of Huisvestingsvergunningen (housing permits), the classification of Urgentieverklaringen (urgency declarations), and the regulation of housing stock modifications such as splitting, merging, and conversion into non-residential use.
The following sections detail the criteria for permit eligibility, the obligations of property owners regarding stock preservation, and the administrative penalties for non-compliance as specified in the official annexes.
Admission and Permit Requirements
A housing permit is mandatory for occupying or providing occupancy of designated rental units in Diemen. Eligibility is restricted based on household income and legal status.
- Income Limits: For social housing, the maximum household income is set at €44,360 (2019 price level). For mid-market rentals, the income must be between the DAEB-limit and 1.5 times that limit.
- Legal Status: Applicants must be at least 18 years old and possess Dutch nationality or a valid residency status under the Vreemdelingenwet 2000.
- Decision Period: The College van burgemeester en wethouders must decide on permit applications within eight weeks, with a possible one-time extension of four weeks.
Urgency Declarations and Priority Groups
Specific categories of house hunters may be granted an Urgentieverklaring to prioritize their placement in the housing market. These are divided into statutory and regional categories.
- Statutory Urgency: Includes individuals in temporary shelters due to relational problems or violence, and those requiring housing due to mantelzorg (informal care).
- Regional Urgency: Covers acute emergencies, medical or social disruptions, and SV-urgentie for residents of complexes designated for demolition or major renovation.
- Validity: An urgency declaration is generally valid for 26 weeks, after which it expires unless an extension is granted based on specific conditions in Artikel 2.6.9.
Housing Stock Management and Modifications
To preserve the availability of affordable housing, the ordinance prohibits certain changes to the status or physical structure of residential buildings without a permit.
- Extraction (Onttrekking): Using residential space for purposes other than permanent living, such as office space or short-term holiday rentals.
- Conversion (Omzetting): Converting independent dwellings into non-independent units (onzelfstandige woonruimte), such as room-by-room rentals.
- Housing Formation (Woningvorming): Rebuilding a single unit into multiple residential units, also known as structural splitting.
- Splitting (Splitsing): Dividing a building into separate apartment rights as defined in the Burgerlijk Wetboek.
Regulations for Bed & Breakfast and Second Homes
Partial use of a residence for tourist accommodation is permitted without a conversion permit only if specific conditions for Hospitabewoning or B&B use are met.
- B&B Thresholds: The use is limited to a maximum of 30% of the total floor area, up to a maximum of 50 m².
- Occupancy: Overnight stays are restricted to a maximum of four persons per night.
- Second Homes: A permit for a second home is not required if the owner's primary residence is outside the housing market region and the rental price of the Diemen unit exceeds the liberalization limit.
Frequently Asked Questions
What is the maximum household income for social housing in Diemen?
The maximum annual household income for units below the liberalization limit is €44,360 based on 2019 price levels.
How long does the municipality have to decide on a housing permit application?
The municipality must issue a decision within eight weeks of submission, though they may extend this once by an additional four weeks.
What are the restrictions for operating a Bed & Breakfast in Diemen?
The B&B must be in the primary resident's home, occupy no more than 30% of the surface area (max 50 m²), and host no more than four persons per night.
Can a housing permit be withdrawn?
Yes, if the residence is not occupied within the specified timeframe or if the permit was obtained through incorrect or incomplete information.
What is SV-urgentie?
SV-urgentie is a special priority status granted to residents of housing complexes that are scheduled for demolition or significant urban restructuring.
Is a permit required to merge two apartments into one?
Yes, merging residential units (samenvoeging) requires a permit under Article 3.1.2 of the ordinance to ensure the housing stock is maintained.
What is the fine for illegal commercial use of a residence?
According to Appendix 3, commercial violations regarding illegal extraction or use can result in fines up to €17,500, increasing to €20,750 for repeat offenses.
