Huisvestingsverordening Gemeente Assen 2023 – Buy-to-Let Protection Regulations
The Huisvestingsverordening Gemeente Assen 2023 is a municipal ordinance established by the Council of the Municipality of Assen, Netherlands. Effective from June 2, 2023, this regulation is based on Articles 147 and 149 of the Gemeentewet and Articles 2, 4, 5, and 7 of the Huisvestingswet 2014. It functions as the legal framework for managing the local housing market, specifically addressing the scarcity of affordable housing and the preservation of the living environment through buy-to-let protection measures.
The document primarily governs Opkoopbescherming (buy-to-let protection) for residential properties within designated districts. It defines Beschermde woonruimte (protected living space) based on specific criteria including geographic location, a WOZ-waarde (property value) threshold of €250,000 at 2023 price levels, and the occupancy status at the time of purchase. The regulation applies to various urban areas including the Centrum, De Lariks, and Noorderpark, among others. It establishes a mandatory permit system for owners wishing to lease their property within a four-year period following the date of registration in the public registers.
This regulatory document outlines the procedural requirements for permit applications, the specific criteria for permit approval—such as family relations or temporary owner-occupancy—and the enforcement mechanisms used by the municipality. It includes provisions for administrative fines in cases of non-compliance with the prohibition of unauthorized rental.
Scope and Protected Living Spaces
The regulation designates specific residential units as protected living spaces where a permit is required for rental. This status is determined by the property's location, value, and ownership status.
- Geographic Districts: The permit requirement applies to the districts of Centrum, De Lariks, Noorderpark, Assen-Oost, Pittelo, Assen-West, Peelo, Marsdijk, and Kloosterveen.
- Value Threshold: Residential properties with a WOZ-waarde not exceeding the maximum purchase price defined in the Verordening Starterslening gemeente Assen (€250,000, 2023 price level).
- Occupancy Status: Includes properties that were vacant, rented for less than six months at the time of registration, or previously rented under a buy-to-let protection permit.
Prohibitions and Permit Requirements
Article 3 establishes a prohibition on leasing protected residential space without a permit from the Mayor and Aldermen (burgemeester en wethouders). This restriction remains in effect for a duration of four years following the registration date of the transfer deed.
- Four-Year Ban: Owners are prohibited from renting out or otherwise providing the property for use within 48 months of purchase without a valid permit.
- Personal Permit: As per Article 5, the rental permit is person-bound and non-transferable; it expires automatically if ownership of the property changes.
- Application Process: Owners must submit permit requests using official forms provided via the municipal website.
Criteria for Permit Approval
Permits are granted under specific conditions defined in Article 6, provided that a refusal based on the Wet Bibob is not applicable. Approval is mandatory in the following circumstances:
- Family Relations: Rental to a home seeker who is a first or second-degree relative of the owner.
- Temporary Occupancy: If the owner has lived in the property for at least twelve months and leases it for a maximum of twelve months (excluding tourist rentals).
- Integrated Units: When the residential space is an inseparable part of a shop, office, or commercial premises.
- Municipal Agreements: Properties subject to prior agreements with the municipality or purchased by housing corporations or municipal-contracted parties.
Enforcement and Administrative Fines
The municipality maintains the authority to enforce these regulations through permit revocation and financial penalties. Grounds for revocation include the provision of incorrect data or changes in family circumstances that originally justified the permit.
- Administrative Fine: Violations of the prohibition in Article 41, paragraph 1 of the Huisvestingswet 2014 are subject to a fine.
- Fine Amount: The standard administrative fine for non-compliance is set at €22,500.
Frequently Asked Questions
What is the maximum WOZ-value for buy-to-let protection in Assen?
The protection applies to residential properties with a WOZ-value of up to €250,000 (2023 price level).
How long does the rental prohibition last after buying a home in Assen?
The prohibition on renting out a protected property lasts for four years from the date the deed of delivery is registered in the public registers.
Which districts in Assen are covered by the housing regulation?
The designated areas include Centrum, De Lariks, Noorderpark, Assen-Oost, Pittelo, Assen-West, Peelo, Marsdijk, and Kloosterveen.
Can I rent my house to a family member under the buy-to-let protection?
Yes, a permit is granted if the tenant is a first or second-degree relative of the property owner.
What is the fine for renting out a property without a permit in Assen?
The municipality can impose an administrative fine of €22,500 for violating the rental prohibition.
Are commercial properties with residential quarters exempt?
A permit will be granted if the residential space is an inseparable part of a shop, office, or business premises.
Can I rent out my home temporarily if I have lived there myself?
Yes, if you have occupied the property as your primary residence for at least 12 months, you may apply for a permit to rent it out for a maximum of 12 months.
