Huisvestingsverordening gemeente Ameland 2023 – Ameland Housing Ordinance Overview
The Huisvestingsverordening gemeente Ameland 2023 is a municipal ordinance issued by the Municipality of Ameland, Netherlands. It functions within the legal framework of the Dutch Huisvestingswet 2014 (Housing Act). This regulation was adopted by the municipal council on November 27, 2023, and became effective on November 30, 2023. It remains valid until November 29, 2027, with certain provisions having retroactive effect from April 1, 2024. This document replaces the previous 2019 ordinance to address housing scarcity and ensure a fair distribution of affordable residential units on the island.
The scope of the ordinance covers the regulation of cheap and medium-priced housing stock through a mandatory permit system. It governs three primary domains: the distribution of living space via the huisvestingsvergunning (housing permit), changes to the housing stock such as withdrawal or splitting, and opkoopbescherming (purchase protection) to prevent the buy-to-let of affordable homes. The document defines critical terms including economische binding (economic binding), maatschappelijke binding (social binding), and specific WOZ-value thresholds that trigger permit requirements. It applies to both rental and owner-occupied properties within the municipality of Ameland.
The following sections detail the specific criteria for permit eligibility, priority rules for residents with local ties, restrictions on property use, and the administrative enforcement measures including fine structures for non-compliance.
Housing Permit Requirements and Thresholds
Under Article 2, specific categories of affordable housing require a huisvestingsvergunning before they can be occupied. These thresholds are adjusted annually based on local valuation trends.
- Rental Housing: All properties owned by the municipal housing company and private rentals with a monthly rent below €1,100.
- Owner-occupied Housing: Residential units with a WOZ-value of €619,621 or lower at the time of registration in the public registers.
- Exemptions: The permit requirement does not apply to properties regulated by the Leegstandwet (Vacancy Act), non-self-contained units (rooms), or service dwellings at campgrounds and group accommodations.
Criteria for Economic and Social Binding
Article 1 and 3 establish that permits are primarily granted to individuals who can demonstrate a significant tie to Ameland. The ordinance distinguishes between economic and social connections.
- Economische binding: Defined as performing sustainable labor within Ameland for at least 18 hours per week under an indefinite contract, or a fixed-term contract of at least nine months.
- Langdurig maatschappelijke binding: Requires the applicant to have been a continuous resident of Ameland for at least 15 years, or to have lived there for 15 years within the preceding 20-year period.
- Standaard maatschappelijke binding: Applies to those with family (up to the second degree) who have lived on the island for at least six years, or if the applicant themselves has resided in permanent housing on the island for at least six years.
Opkoopbescherming (Purchase Protection)
Chapter 4 introduces measures to protect the affordable housing stock from investors. It prohibits renting out newly purchased homes within the first four years of ownership if the property falls under the protected WOZ-value limit.
- Scope: Applies to homes with a WOZ-value of €619,621 or lower.
- Rental Ban: Owners are prohibited from giving the home into use (renting) within four years of the deed's registration.
- Exemptions: Permits for rental may be granted if the tenant is a first- or second-degree relative of the owner, or if the unit is an inseparable part of a commercial premises (shop or office).
Changes to Housing Inventory
Articles 11 through 18 regulate physical and functional changes to residential units to maintain the island's housing balance.
- Onttrekking (Withdrawal): A permit is required to use a residential unit for office space, professional practice, or any purpose other than permanent habitation.
- Samenvoeging (Merging): Combining two or more units into one requires municipal approval.
- Omzetting (Conversion): Converting independent housing into non-self-contained units (room rentals).
- Splitsing (Splitting): Dividing a building into separate apartment rights under Article 22 of the Act requires a specific permit.
Frequently Asked Questions
What is the maximum WOZ-value for the housing permit requirement on Ameland?
As of April 1, 2024, the limit is set at €619,621. Properties with a value at or below this amount require a permit for occupancy.
How many hours must I work to qualify for economic binding on Ameland?
You must work an average of at least 18 hours per week for an employer based on Ameland.
Can I rent out my newly purchased home to a family member?
Yes, under Article 21, an exemption from purchase protection can be granted if the tenant is a relative in the first or second degree of the owner.
What is the penalty for violating the purchase protection rules?
A first violation of the rental ban can result in a fine of €21,750, while a second violation within 48 months can lead to a fine of €87,000.
How long must I have lived on Ameland to claim long-term social binding?
You must have been a resident for at least 15 consecutive years, or for a total of 15 years within the last 20 years.
Does the housing permit apply to temporary room rentals?
No, Article 2 states the permit requirement does not apply to onzelfstandige woonruimten (non-self-contained housing units).
When does the Huisvestingsverordening Ameland 2023 expire?
The ordinance is scheduled to expire on November 29, 2027.
Is a permit required for merging two apartments into one house?
Yes, according to Article 11, a permit is required for the samenvoeging (merging) of residential units.