Facetbestemmingsplan woningsplitsing en verkamering Westerwolde – House Splitting and Room Rental Regulations
The Facetbestemmingsplan woningsplitsing en verkamering Westerwolde is a draft municipal ordinance issued by the Gemeente Westerwolde, Netherlands. This document, identified by IMRO code NL.IMRO.1950.BP2311-on01, serves as a partial revision of numerous existing zoning plans across the municipality. It establishes a unified legal framework to regulate the division of single residences into multiple dwellings and to prohibit the conversion of houses into non-self-contained room rentals.
The scope of this regulatory framework encompasses all residential areas within the municipality of Westerwolde, with the specific exception of the area governed by the Beheersverordening Emslandermeer. The document is organized into four main chapters: Introduction, Policy (including Woonvisie Westerwolde 2019-2024), Legal Explanation, and Feasibility. It defines woningsplitsing as the structural or functional division of one main building containing a single dwelling into two or more dwellings, and verkamering as the division of a self-contained home into smaller, non-self-contained units for rent.
This document provides the concrete criteria used to assess applications for environmental permits (omgevingsvergunningen) when deviating from general prohibitions. It specifically addresses thresholds for floor areas, the preservation of monumental values, and the impact on the local living environment.
Regulatory Mechanism and Plan Type
The document is defined as a facetbestemmingsplan, a specific type of zoning plan that amends or supplements multiple existing plans on particular topics while leaving other regulations intact. This approach ensures a uniform treatment of housing development requests throughout the municipality.
- Article 3: Declaration of applicability to existing zoning and amendment plans.
- Article 4: Inclusion of an anti-double-counting regulation (anti-dubbeltelregeling) to prevent the reuse of land area for multiple building permit applications.
- Partiële herziening: This plan partially revises older regulations to prioritize the current Woonvisie objectives.
Prohibition of Room Rental (Verkamering)
The municipality of Westerwolde imposes a strict prohibition on verkamering (room-by-room rental). This decision is based on protecting the living climate and social safety. The document outlines several arguments for this ban:
- Prevention of displacement in the housing market for starters and families.
- Mitigation of social safety risks, including issues with traffic, parking, and public order.
- Reduction of physical safety risks, such as increased fire hazards in non-self-contained units.
- Prevention of urban decay (verpaupering) often associated with poor landlord practices.
Conditions for House Splitting (Woningsplitsing)
While house splitting is generally restricted, the municipality allows for deviations via an environmental permit (omgevingsvergunning) under specific conditions. These conditions vary depending on whether the property is located in a village center or the rural area.
Splitting in village centers (Kernen):
- The original main building must have a minimum floor area of 150 m².
- Each resulting dwelling must have a minimum floor area of 60 m².
- A maximum of 2 dwellings per main building is permitted.
Splitting in rural areas (Buitengebied):
- Only permitted for buildings with characteristic or monumental status.
- The combined area of the main building and attached characteristic structures must be at least 200 m².
- Each resulting dwelling must have a minimum floor area of 100 m².
- A maximum of 2 dwellings per main building is permitted to preserve rural character.
Assessment Criteria for Environmental Permits
Applications for house splitting are assessed against a set of qualitative and technical criteria to ensure the intervention does not negatively impact the surroundings.
- Streetscape: Maintenance of a coherent architectural image and appropriate building mass-to-open-space ratios.
- Living Climate: Ensuring a balanced composition of the housing stock and meeting local market demand.
- Traffic and Parking: Provision of sufficient on-site parking and maintenance of safe traffic sightlines at intersections.
- Environmental Factors: Ensuring the split does not hinder the business operations of neighboring functions or violate environmental hygiene standards.
Frequently Asked Questions
What is the difference between woningsplitsing and verkamering in Westerwolde?
Woningsplitsing refers to creating two or more independent, self-contained dwellings from one house, whereas verkamering involves dividing a house into individual rooms (non-self-contained units) for rental to different tenants.
Is room-by-room rental (verkamering) allowed under this plan?
No, the plan imposes a general prohibition on verkamering to protect the living environment, social safety, and the housing market for regular residents.
What is the minimum building size required to split a house in a village center?
The original main building in a village center must have a minimum area of 150 m² to be eligible for splitting.
Can I split a house in the rural area (buitengebied)?
Splitting in the rural area is only permitted for monumental or characteristic buildings with a combined original area of at least 200 m².
What is the minimum floor area for a new unit created through house splitting?
In village centers, the minimum is 60 m² per unit; in rural areas, each unit must be at least 100 m².
How many units can be created from one single residence?
The regulations limit house splitting to a maximum of 2 dwellings per main building.
Does this plan apply to the Emslandermeer area?
No, the area governed by the Beheersverordening Emslandermeer is excluded from the scope of this facetbestemmingsplan.
What happens if a building was already split before this plan was enacted?
Existing structures and uses are protected under the transitional law (overgangsrecht), provided they were lawfully established before the plan took effect.
