Beleidsregels en nadere regels Huisvestingsverordening Diemen 2020 – Housing Stock Regulations
The Beleidsregels en nadere regels bij Huisvestingsverordening Diemen 2020 is an official regulatory document issued by the Gemeente Diemen, Netherlands. Published on 22 April 2021 as Gemeenteblad nr. 126567, it establishes the legal framework for the execution of the Huisvestingsverordening Diemen 2020 under the authority of the Huisvestingswet 2014. The document distinguishes between Beleidsregels (policy rules providing guidance on administrative discretion) and Nadere regels (further binding regulations concerning structural and legal splitting).
The regulatory scope encompasses several housing interventions including woningvorming (structural splitting), splitsen in appartementsrechten (legal apartment splitting), woningdelen (house sharing), hospitaverhuur (lodger rentals), and Bed & Breakfast operations. It defines specific technical requirements, surface area thresholds, and livability criteria intended to protect the local housing stock and maintain residential quality. The document also integrates with the Nota Parkeernormen Diemen 2020 and the Bestemmingsplan (zoning plan) to ensure a cohesive approach to urban planning and housing permit issuance.
This guidance detail the criteria for permit applications, refusal grounds, and the specific obligations for landlords regarding good landlording practices and technical maintenance. It serves as the authoritative reference for compliance with housing stock permits in the Diemen municipality.
Bed & Breakfast and Lodger Rentals
The document defines a Bed & Breakfast as the partial use of a self-contained dwelling for short-term stay by the main resident. This activity must remain subordinate to the primary residential function. Hospitaverhuur involves the owner or main tenant renting out a non-self-contained part of their home to one other person.
- B&B Surface Limit: No more than 30% of the total residential floor area, with an absolute maximum of 50 m², may be used for B&B purposes.
- B&B Capacity: Lodging can be provided to a maximum of four persons simultaneously.
- Hospitaverhuur Minimums: The tenant must have exclusive use of at least 12 m², while the landlord retains at least 50% of the total living area.
- Registration: Residents must be registered in the Basisregistratie Personen (BRP) at the specific address where the activity occurs.
Woningdelen (House Sharing)
House sharing is defined as the joint use of a dwelling by two or more adults who do not form a sustainable common household. This must be conducted under a single lease agreement for the entire property, where all facilities are shared.
- Occupancy Limit: A dwelling can be shared by a maximum of three persons.
- Private Space: Each tenant must have a private bedroom of at least 12 m².
- Common Area: The shared living space (excluding traffic areas, toilets, or bathrooms) must be at least 15 m².
- Rental Class: For rental properties, house sharing is only permitted for units with an initial rent above the liberalisatiegrens (liberalization threshold).
Woningvorming (Structural Splitting)
Structural splitting involves renovating a single housing unit into two or more separate residential units without necessarily splitting the legal title into apartment rights. The document mandates strict technical standards for such projects.
- Minimum Surface Area: The original dwelling must be at least 140 m². Each newly formed unit must have a minimum floor area of 40 m².
- Noise Insulation: Newly formed units must meet specific acoustic standards under NEN 5077, exceeding the minimum requirements of the Bouwbesluit 2012 for existing buildings.
- Acoustic Thresholds: Characterstic airborne sound insulation between units must not be less than 52 dB, and impact sound levels must not exceed 54 dB for specific adjacent functions.
- Fire Safety: All units must be equipped with smoke detectors compliant with NEN 2555.
Splitsen in appartementsrechten (Legal Splitting)
Legal splitting into apartment rights is required for the individual sale of units. Permits may be refused based on the building's state of maintenance or architectural layout. Specific technical inspections are required during the application process.
- Electrical Systems: Installations must comply with NEN 1010 standards.
- Asbestos and Lead: Harmful asbestos must be removed. For buildings constructed before 1961, a lood-in-water test (lead-in-water) must be submitted to rule out lead piping.
- Storage and Attic Space: Storage rooms or attics must retain the same index number as the dwelling they belong to, preventing separate sale.
- VvE Formation: Splitting automatically results in the creation of a Vereniging van Eigenaren (Homeowners Association).
Frequently Asked Questions
What is the maximum number of people allowed for house sharing in Diemen?
Under the current regulations, a maximum of three persons is allowed to share a dwelling, provided they use a single rental contract and share all facilities.
What is the minimum size for a dwelling to be structurally split?
The original property must have a minimum floor area of 140 m², and each newly created unit must be at least 40 m².
Are short stay and vacation rentals permitted in Diemen?
No, the municipality generally does not issue permits for short stay, room-by-room rental, or vacation rentals in regular dwellings to protect the housing stock and livability.
Is a permit required for hospitaverhuur in Diemen?
If the landlord lives in the house and rents to only one person while retaining 50% of the surface area, no permit under the Housing Ordinance is required.
What are the noise insulation requirements for structural splitting?
Projects must meet NEN 5077 standards, including a characteristic airborne sound insulation (lucht-geluidniveauverschil) of at least 52 dB between units.
When is a lead-in-water test mandatory for apartment splitting?
A lead-in-water test is required for the permit application if the building was constructed before 1961.
What is the maximum area allowed for a Bed & Breakfast?
A B&B may occupy a maximum of 30% of the dwelling's floor area, with an upper limit of 50 m².
How is the 50% surface area calculated for lodger rentals?
It is calculated based on the 'gebruiksoppervlakte wonen' (residential floor area) excluding other indoor spaces as defined in the July 2019 measurement instructions of the Waarderingskamer.
