Huisvestingsverordening Rijswijk 2023 – Municipal Housing Ordinance Overview
The Huisvestingsverordening Rijswijk 2023 is a municipal ordinance established by the Council of the Municipality of Rijswijk, Netherlands. Valid from January 1, 2025, until June 30, 2027, this document provides the legal framework for the distribution of housing and the management of the local housing stock. It is enacted under the authority of Article 4 of the Huisvestingswet 2014 and Article 149 of the Gemeentewet. The regulation addresses the scarcity of affordable housing by implementing permit requirements for occupancy and modifications to residential properties.
The scope of the ordinance covers several regulatory domains, including the issuance of huisvestingsvergunningen (housing permits), the allocation of social rental housing by housing corporations, and the criteria for urgentieverklaringen (urgency certificates). It defines specific categories of applicants such as starters, doorstromers (through-streamers), and herstructureringskandidaten (restructuring candidates). The document also contains provisions for opkoopbescherming (purchase protection) to prevent affordable owner-occupied homes from being converted into rental properties in designated neighborhoods.
Structurally, the ordinance is divided into chapters covering general provisions, housing permit procedures, housing distribution, urgency status, and changes to the residential stock. Annexes provide technical specifications for accessibility levels, designated areas for permit requirements, and a schedule of administrative fines for non-compliance.
Housing Permit Requirements (Huisvestingsvergunning)
A housing permit is required for residential properties with a rent below the established huurprijsgrens (rental price limit). This permit is mandatory for both the occupant taking the property into use and the owner providing it. The ordinance excludes certain categories from this requirement, such as properties let under a campuscontract or those designated for temporary stays under the Leegstandwet.
- Age Requirement: Applicants must be 18 years of age or older (Article 2:3).
- Income Limits: Eligibility is tied to the DAEB-inkomensgrens as defined in national housing regulations (Article 2:3).
- Occupancy Suitability: Households with at least three members are prioritized for properties with a living area of 80 m² or more (Article 2:6).
- Processing Time: Decisions on permit applications must be made within eight weeks of receipt (Article 2:5).
Housing Distribution and Priority Rules
The distribution of housing via corporations is governed by Chapter 3, which prioritizes households based on registration duration and specific binding to the region. The regio Haaglanden includes municipalities such as Delft, The Hague, Rijswijk, and Zoetermeer. Local and regional customization (lokaal maatwerk) allows for a percentage of homes to be allocated to those with specific economic or social ties to the municipality.
- Starters: Prioritized based on the duration of their registration in the regional housing register (Article 3:6).
- Doorstromers: Prioritized based on a combination of registration duration and current residency duration, up to a maximum of five years (Article 3:6).
- Restructuring Candidates: Specific priority is given to those who must leave their current home due to designated actiegebieden (action areas) for renovation or demolition (Article 3:10).
Urgency Certificates (Urgentieverklaring)
Urgency status provides priority access to housing for individuals in acute distress. Applications are assessed by a toetsingscommissie (review committee). The ordinance defines statutory urgency categories and general grounds for refusal, such as when a housing problem was foreseeable or preventable by the applicant.
- Social and Medical Urgency: Granted when a living situation is so disrupted that it poses a threat to life or severe mental/physical health (Article 4:7).
- Mantelzorg: Urgency can be granted for informal care recipients or providers if the distance between them exceeds 5 kilometers and relocation would reduce this (Article 4:6).
- Validity: An urgency certificate is valid for three months, during which the holder must actively respond to the housing offer (Article 4:8).
Housing Stock Management and Purchase Protection
Chapter 5 regulates modifications to the housing stock to prevent the loss of affordable living space. Permits are required for the withdrawal, merging, or conversion of residential units. Furthermore, opkoopbescherming (purchase protection) prohibits the rental of newly purchased homes in specific neighborhoods for a period of four years after registration.
- Scope of Stock Management: Applies to independent housing with a WOZ-waarde up to 1.4 times the NHG-kostengrens (Article 5:1).
- Conversion Permits: Required for converting independent housing into non-independent units (e.g., room rentals) for more than four residents (Article 5:6).
- Purchase Protection Exceptions: Rental is permitted if the tenant is a first or second-degree relative of the owner, or if the property is inseparable from a commercial space (Article 5:17).
Frequently Asked Questions
Who needs a housing permit (huisvestingsvergunning) in Rijswijk?
A permit is required for any individual or household intending to occupy a rental property with a price below the established rental price limit, unless an exception applies such as for campus contracts or specific Leegstandwet permits.
What is the minimum age to apply for social housing in Rijswijk?
Applicants must be at least 18 years old or be declared legally competent by a court under Article 235 or 253ha of the Civil Code Book 1.
How long is an urgency certificate (urgentieverklaring) valid?
An urgency certificate is valid for a period of three months from the date of issue, after which it expires.
What is the WOZ threshold for stock management permits?
Permit requirements for withdrawal, merging, or conversion apply to properties with a WOZ value up to 1.4 times the NHG cost limit (NHG-kostengrens).
Can I rent out a house I recently bought in Rijswijk?
Under the purchase protection (opkoopbescherming) rules, it is prohibited to rent out a home in designated neighborhoods within four years of purchase, unless specific exceptions for family members or temporary stays are met.
What determines priority for 'doorstromers'?
Priority for through-streamers is determined by the combination of their registration duration in the housing register and their current residence duration, capped at five years.
What are the fines for violating the housing ordinance?
Administrative fines range from €405 for permit violations to €40,000 for repeated commercial-scale violations of residential withdrawal rules as detailed in Annex III.
