Huisvestingsverordening Zuid-Kennemerland/IJmond: Haarlem 2022 – Regional Housing Ordinance Overview
The Huisvestingsverordening Zuid-Kennemerland/IJmond: Haarlem 2022 is a municipal ordinance issued by the Haarlem City Council, effective from May 2, 2023. Established under the framework of the Huisvestingswet 2014 (Housing Act) and the Gemeentewet, this regulation governs the distribution of scarce living space and the management of the housing stock within the municipality of Haarlem. It specifically addresses social rental housing, middle-segment rental housing, and the protection of the existing housing supply against the negative effects of commercial exploitation and tourism.
The ordinance defines strict criteria for the allocation of housing through a permit system (huisvestingsvergunning) and regulates technical changes to residential properties, including conversion, withdrawal from the housing stock, and residential formation (woningvormen). It covers diverse project categories such as bed & breakfasts, student housing, and care housing (zorgwoning). Key structural elements include detailed provisions on purchase protection (opkoopbescherming) for houses under specific valuation thresholds and restrictions on tourist rentals to preserve local liveability.
Professional users, including real estate developers, property owners, and legal consultants, must adhere to the definitions and procedural requirements set out in this document to ensure compliance with local zoning and housing policies. The document includes a comprehensive fee and penalty schedule for unauthorized housing activities.
Housing Allocation Permits
A permit is mandatory for occupying specific categories of residential units to ensure fair distribution based on income and urgency. This system applies to:
- Social rental housing owned by housing corporations or private landlords.
- Middle-segment rental housing specifically designated in the municipal zoning plan.
- Mobile home sites (woonwagenstandplaatsen).
Eligibility is determined by income thresholds. For social housing, applicants must not exceed the DAEB-norm. For middle-segment units, the income limit is set at 1.5 times the DAEB-norm. Priority is granted to residents with a demonstrated social or medical urgency, as well as those with economic or social ties to the Haarlem region.
Housing Stock Management: Conversions and Splitting
To prevent the loss of independent housing units, the ordinance requires a permit for activities defined under Article 3.1.2. These include:
- Onttrekken: Withdrawing a unit from residential use (e.g., for office use).
- Omzetten: Converting independent living space into non-independent rooms (e.g., room rentals).
- Woningvormen: Modifying one unit into two or more independent dwellings.
- Kadastraal splitsen: Legally dividing a building into separate apartment rights.
Specific technical thresholds apply for woningvormen and omzetten. For instance, permits are generally denied if the original house is smaller than 140 m2 GBO (Gross Floor Area) or if an apartment is smaller than 100 m2 GBO. Additionally, newly formed units must generally maintain a minimum size of 50 m2 GBO.
Purchase Protection (Opkoopbescherming)
Implemented to protect homebuyers from investors, opkoopbescherming prohibits the rental of newly purchased homes for a period of four years following the date of transfer in the public registers. This rule applies to all residential properties in Haarlem with a WOZ-waarde (property valuation) of €451,000 or lower.
Exceptions are strictly limited to rentals to first or second-degree relatives, temporary rentals of less than 12 months (provided the owner lived there for at least a year), or housing that is intrinsically linked to a commercial space.
Tourist Rental and Bed & Breakfast Regulations
The ordinance limits the impact of short-term rentals on the housing market through the following measures:
- Registration Requirement: Owners must obtain a unique registration number before offering any unit for tourist rental.
- Night Limit: Private holiday rentals are restricted to a maximum of 30 nights per calendar year.
- Reporting Obligation: Every rental period must be reported to the municipality prior to the stay.
Frequently Asked Questions
What is the maximum WOZ value for purchase protection in Haarlem?
The threshold is set at a WOZ value of €451,000 or lower at the time of registration in the public registers.
How many nights per year can I rent out my home to tourists?
Private holiday rentals (particuliere vakantieverhuur) are limited to a maximum of 30 nights per calendar year.
Is a permit required for a Bed & Breakfast in Haarlem?
A Bed & Breakfast is defined as a form of tourist rental where the main resident remains present; while it avoids the 30-night limit, it must still comply with zoning plans and registration requirements.
What is the minimum size for a new dwelling after house formation?
Under Article 3.1.5, newly formed housing units must generally have a minimum usable floor area (GBO) of 50 m2.
Can I convert an apartment smaller than 100 m2 into multiple units?
No, a permit for house formation (woningvormen) will be denied if the original apartment is smaller than 100 m2 GBO.
What is the fine for renting out a home without a housing permit?
The fine for a first-time offense of unauthorized use of social housing is €340, while commercial unauthorized use can result in fines up to €20,000.
Does purchase protection apply if I rent to a family member?
A permit for rental under purchase protection can be granted if the tenant is a first or second-degree relative of the owner.
What is the income limit for middle-segment rental housing in Haarlem?
The income limit is 1.5 times the DAEB-norm, which is indexed annually (approximately €60,036 based on 2021 price levels).
