Tegengaan woningsplitsing Vrieheide – Housing Subdivision Policy in Heerlen
The Tegengaan woningsplitsing Vrieheide is a municipal policy rule (beleidsregel) issued by the College van burgemeester en wethouders of the Municipality of Heerlen, Netherlands. This regulatory document entered into force on November 29, 2014, and remains active. It functions within the legal framework of the Wet algemene bepalingen omgevingsrecht (Wabo), specifically addressing requests for planning deviations under Article 2.1 and Article 2.12.
The policy applies exclusively to residential properties located within the project area defined as Herstructurering Vrieheide De Stack. It establishes a restrictive framework for the structural and functional subdivision of existing dwellings. The document defines the specific boundaries of the regulation by referencing the bestemmingsplan Vrieheide-De Stack 1999 (zoning plan). It addresses the technical requirements for building modifications and the administrative refusal of environmental permits for such activities.
The following sections detail the social justifications for the restriction, the specific definitions applied by the municipality, and the procedural stance on planning cooperation for housing conversion projects.
Social and Public Order Objectives
The municipality identifies several social and public order concerns that necessitate a ban on housing subdivision in the Vrieheide district. The splitting of homes to create cheaper housing units is noted as attracting specific demographics that correlate with increased social issues and public order disturbances.
- Public nuisance: Increased density leads to parking congestion and noise complaints.
- Criminal activity: The presence of low-cost, subdivided real estate in Vrieheide is associated with organized crime, including large-scale cannabis cultivation (hennepteelt).
- Rental fraud: The policy notes that dwellings are frequently split to illicitly obtain multiple rent subsidies (huurtoeslag) from the Belastingdienst.
- Property speculation: Professional real estate owners may use subdivision to maximize income from low-value properties, which is deemed detrimental to the neighborhood's restructuring goals.
Regulatory Definitions
The document provides specific legal and technical definitions to ensure clear application within the project boundaries.
- Woningsplitsing (Housing subdivision): The architectural and functional splitting of an existing home into two or more separate homes, or the realization of one or more homes within a continuous main structure.
- Project Herstructurering Vrieheide De Stack: The collection of homes located within the precise boundaries established by the Vrieheide-De Stack 1999 zoning plan.
Permit Refusal and Planning Cooperation
Article 1 of the regulation outlines the administrative stance regarding permit applications for subdivision. For a designated period of five years starting from the resolution date, the municipal executive will refuse planning cooperation for the splitting of dwellings.
- Wabo Article 2.1: Refusal of environmental permits for activities involving land use that deviates from the zoning plan.
- Wabo Article 2.12: Specifically citing paragraph 1, sub a, the municipality will not grant permission for deviations required to facilitate housing subdivision.
- Geographic limitation: Dwellings located outside the boundaries of the Herstructurering Vrieheide – De Stack project area are not subject to this specific policy rule.
Frequently Asked Questions
What is the definition of housing subdivision under this policy?
Housing subdivision, or woningsplitsing, is defined as the architectural and functional splitting of an existing home into two or more separate dwellings, or creating extra homes within a main building structure.
Where does the ban on house splitting apply in Heerlen?
The policy applies strictly to the project area of Herstructurering Vrieheide De Stack, as defined by the 1999 zoning plan.
Why did the Municipality of Heerlen introduce this restriction?
The restriction was introduced to prevent social issues, parking problems, noise nuisance, rental fraud, and criminal activities such as cannabis cultivation in the Vrieheide district.
Which specific law does the municipality use to refuse splitting permits?
The municipality cites Article 2.1, paragraph 1, sub c, and Article 2.12, paragraph 1, sub a of the Wet algemene bepalingen omgevingsrecht (Wabo).
Does this policy apply to houses outside Vrieheide?
No, the policy explicitly states it is not applicable to dwellings located outside the boundaries of the Herstructurering Vrieheide – De Stack project.
How long does the refusal of planning cooperation last?
Article 1 specifies that the municipal executive will not grant planning cooperation for a period of five years for the purposes of the restructuring project.
How does the policy address rental fraud?
The policy identifies that splitting homes into separate apartments is often done to claim multiple rent subsidies from the Tax and Customs Administration (Belastingdienst), which it aims to prevent.
