Huisvestingsverordening gemeente Middelburg 2023 – Housing Regulation Overview
The Huisvestingsverordening gemeente Middelburg 2023 is a municipal ordinance established by the municipal council of Middelburg under the legal framework of the Huisvestingswet 2014 (National Housing Act). This regulation, effective from January 1, 2024, governs the management and protection of the local housing stock. It supersedes the previous 2022 edition and applies to residential properties within the municipality's jurisdiction, specifically focusing on maintaining the availability of affordable housing and preserving the liveability of residential areas.
The scope of the document includes mandatory permit requirements for changing the composition of the housing stock and strict regulations for the tourist rental of living spaces. It defines critical terminology such as Zelfstandige woonruimte (self-contained living space), Onzelfstandige woonruimte (non-self-contained units), and Wezenlijke voorzieningen (essential facilities like kitchen and bathroom). The regulation categorizes specific neighborhoods based on WOZ-waarden (property values) to determine permit applicability, including areas such as Dauwendaele, Arnemuiden, Binnenstad, and Mortiere.
Professional stakeholders and property owners must adhere to the procedural requirements for permits regarding the withdrawal, conversion, merging, or splitting of residential units, as well as the mandatory registration numbers for temporary holiday rentals.
Composition of the Housing Stock
Chapter 2 details the permit requirements for changing the residential inventory. A permit is required for activities that alter the use or physical structure of dwellings that fall below specific property value thresholds based on their location.
- Threshold €245,000: Applies to dwellings in the neighborhoods of Dauwendaele, Nieuw- en Sint Joosland, Nieuw Middelburg, and Stromenwijk/’t Zand.
- Threshold €300,000: Applies to Arnemuiden, Binnenstad, Griffioen, Klarenbeek, Middelburg zuid, and Sint Laurens.
- Threshold €355,000: Applies to Brigdamme, Mortiere, and Veersepoort, based on the National Mortgage Guarantee (NHG) limit as of January 1, 2022.
Prohibited actions without a permit include the withdrawal of living space for office or practice use, conversion from self-contained to non-self-contained housing, merging residential units, or splitting a building into separate apartment rights (splitsing in appartementsrechten).
Permit Application and Rejection Grounds
Applications must be submitted via an electronic form provided by the college. Required documentation for a permit includes data on the current and intended situation, such as the number of rooms, floor area (gebruiksoppervlakte), and maintenance status. For cadastral splitting, a valuation report from a certified appraiser and technical drawings are mandatory.
The municipality may refuse a permit based on several grounds defined in Article 6:
- Interest Balance: If the interest in preserving the housing stock outweighs the applicant's interest.
- Liveability: If the permit would lead to an unacceptable impact on the living environment of the surrounding area.
- Financial Compensation: Failure to pay the required financial contribution for supra-neighborhood facilities.
- Zoning Compliance: Conflict with the valid bestemmingsplan (zoning plan) or management ordinance.
Tourist Rental Regulations
Chapter 3 introduces rules for the tourist rental of living space to ensure transparency and prevent nuisance. The regulation distinguishes between four types of rental:
- Short-term house rental: Rental of a self-contained unit for a maximum of one month.
- Long-term house rental: Rental for more than one month but less than four months.
- Short-term room rental: Rental of part of a unit where the main resident remains present, for a maximum of one month.
- Long-term room rental: Room rental for more than one month but less than four months.
All providers in Middelburg are required to display a Registratienummer (registration number) in their advertisements. Within the city center (Binnenstad), a specific permit for tourist rental is required for long-term rentals (categories b and d).
Financial Compensation and Enforcement
The municipality requires financial compensation for permits that change the housing stock to fund liveability and social housing projects. The rates are fixed as follows:
- €12,500: Per added self-contained living space compared to the original situation.
- €4,000: For the conversion of a self-contained unit into non-self-contained housing per unit formed.
Violations of the ordinance, such as renting without a registration number or illegal splitting, result in administrative fines (bestuurlijke boete). Fines for a first offense range from €9,000 to €22,500, while repeat violations can reach up to €90,000.
Frequently Asked Questions
What is the WOZ value limit for a permit in the Middelburg city center?
In the neighborhood Binnenstad, a permit for changing the housing stock is required for dwellings with a WOZ value below €300,000.
Is a registration number mandatory for Airbnb in Middelburg?
Yes, according to Article 11, it is prohibited to offer living space for tourist rental without mentioning a registration number, which can be requested for free via the official website.
How much is the fine for illegal housing conversion in Middelburg?
The administrative fine for the first violation of converting self-contained housing without a permit is €22,500.
Are recreation houses subject to the tourist rental registration rules?
No, Article 10, paragraph 2 states that the tourist rental forms defined in the ordinance do not apply to recreatiewoningen (recreation houses).
What documents are needed for cadastral splitting of a building?
Applicants must provide a drawing as per Article 5:109 of the Civil Code and a maintenance assessment report drafted by a certified appraiser.
Can a housing permit be transferred to a new owner?
Permits are generally personal (persoonsgebonden), but they can be transferable for specific cases like withdrawal or merging if the new owner complies with the notification duty in Article 7.
What is the maximum duration for a 'long-term' tourist rental?
Long-term tourist rental of a dwelling or room is defined as a period of more than one month but less than four months.
What is the 'Hardheidsclausule' in this regulation?
Article 18 allows the college to deviate from the regulations if strict application would lead to unforeseen and unacceptable hardship or unfairness for the parties involved.
