Huisvestingsverordening Gemeente Westland 2025 – Housing Allocation and Permit Regulations
The Huisvestingsverordening Gemeente Westland 2025 is a municipal ordinance established by the council of the municipality of Westland. It is based on Article 4 of the Huisvestingswet 2014 and Article 149 of the Gemeentewet. This regulation is effective from May 9, 2025, until June 30, 2027, and governs the distribution of living space and the management of the housing stock within the Westland municipality. It functions within the wider housing market region of Haaglanden, which includes the municipalities of Delft, Den Haag, Leidschendam-Voorburg, Midden-Delfland, Pijnacker-Nootdorp, Rijswijk, Wassenaar, and Zoetermeer.
The document defines the legal requirements for obtaining a huisvestingsvergunning (housing permit), the criteria for urgency status, and the rules regarding changes to the housing stock, such as onttrekking (withdrawal from the housing stock), omzetting (conversion), and kadastrale splitsing (cadastral splitting). It specifically targets housing units with a rent below the huurprijsgrens (rent limit). The regulation also establishes a regional register for housing seekers and sets specific standards for accessibility, defining categories such as gelijkvloerse woning (single-level dwelling), rollatorwoning, and rolstoelwoning.
Detailed procedures for the allocation of social housing by housing corporations and the assessment of urgency applications by a toetsingscommissie (review committee) are provided. The ordinance also includes provisions for administrative fines in cases of non-compliance with permit requirements or illegal housing practices.
Housing Permit (Huisvestingsvergunning) Requirements
A housing permit is required for occupying living space with a rent below the established rent limit in Westland. To qualify for a permit under Artikel 2:3, applicants must meet specific personal and financial criteria.
- Age: Applicants must be 18 years or older, unless they are legally emancipated under Article 235 or 253ha of the Civil Code.
- Nationality: Residents must hold Dutch nationality or have a legal right to reside in the Netherlands.
- Income Limit: The household income for the relevant year must not exceed 1.5 times the standard income for a multi-person household as defined in Article 14 of the Wet op de huurtoeslag.
- Household Size: Under Artikel 2:6, dwellings with a living area of at least 80 m² are specifically allocated to households consisting of at least three members.
Housing Allocation and Ranking
Housing corporations must offer vacant dwellings through a uniform medium, typically a regional platform. The allocation follows a strict hierarchy based on the status of the housing seeker as defined in Artikel 3:5.
- Urgency Seekers: Individuals with a valid urgentieverklaring are given top priority.
- Local and Regional Customization: Specific percentages of the housing supply can be reserved for residents with social or economic ties to the region or municipality.
- Registration Duration: For standard applicants, the duration of registration in the regional register determines their ranking.
- Residence Duration (Woonduur): For doorstromers (tenants moving from an existing self-contained unit), the length of time they have lived in their current residence can be added to their registration duration, up to a maximum of five years.
Urgency Status and Priority Categories
The urgentieverklaring is a decision that grants a housing seeker priority in a specific category. These applications are reviewed by a toetsingscommissie appointed by the mayor and aldermen.
- Medical and Social Grounds: Priority is granted if a housing situation is so disturbed that it causes life-threatening situations or severe psychological or physical strain.
- Shelter Outflow: Persons staying in temporary shelters due to relational problems or violence are eligible if their outflow is imminent.
- Care Provision: Urgency can be granted if local housing is required to provide or receive mantelzorg (informal care), provided the distance is greater than 5 kilometers and the care exceeds 8 hours per week.
- Validity: An urgency certificate is valid for three months and applies to the most basic suitable housing type within the region.
Changes in Housing Stock and Permits
Under Hoofdstuk 5, specific activities involving the housing stock require a permit from the municipal authorities to prevent the loss of affordable housing.
- Onttrekking (Withdrawal): Using living space for non-residential purposes, such as an office or practice, is prohibited without a permit.
- Omzetting (Conversion): A permit is required to convert a self-contained dwelling into non-self-contained living spaces for four or more persons.
- Woningvorming (Creation of units): Splitting one dwelling into two or more independent units requires authorization.
- Kadastrale splitsing (Cadastral split): Dividing a building into apartment rights requires a permit if it impacts the affordable housing supply.
Frequently Asked Questions
Who needs a housing permit in the municipality of Westland?
A permit is required for any person moving into a self-contained living space with a rent below the regulated rent limit, provided they are 18 or older and meet income requirements.
What is the maximum household income allowed for a housing permit?
The household income must not exceed 1.5 times the norm income for a multi-person household as specified in the Dutch Rent Subsidy Act.
How long is an urgency certificate (urgentieverklaring) valid?
An urgency certificate is valid for a period of three months from the date of issue.
What are the requirements for informal care (mantelzorg) urgency?
The distance between the caregiver and recipient must be more than 5 kilometers, and the care must exceed 8 hours per week over at least 4 days.
Can the municipality refuse a housing permit for an action area?
Yes, a permit can be refused if the dwelling is located in a designated actiegebied intended for demolition or major improvement.
What is the minimum living area for a household of three or more members?
The municipality generally allocates dwellings with a minimum woonoppervlakte of 80 m² to households with at least three members.
What determines the ranking for a starter in the housing register?
For starters, the primary criterion for ranking is the duration of their registration (inschrijfduur) in the regional register.
Are student rooms under a campus contract subject to these regulations?
No, dwellings rented out based on a campuscontract as defined in the Civil Code are exempt from the housing permit requirements in this ordinance.
