Huisvestingsverordening Tilburg 2022 – Housing Regulation and Purchase Protection
The Huisvestingsverordening Tilburg 2022 is a municipal ordinance established by the Council of the Municipality of Tilburg. Valid from September 1, 2022, this document replaces the 2020 regulation and sits under the legal framework of the Huisvestingswet 2014, the Gemeentewet, and the Wet bijzondere maatregelen grootstedelijke problematiek (Wbmgp). It applies to the entire municipality of Tilburg, including the districts of Berkel-Enschot and Udenhout.
The regulation governs the distribution and preservation of the local housing stock through specific permit requirements for the extraction, conversion, and splitting of residential properties. It introduces Opkoopbescherming (purchase protection) to limit the purchase of affordable and middle-market homes by investors for rental purposes. The document defines key regulatory terms such as Zelfstandige woonruimte (independent living space), Omzetting (conversion to room rental), and Beschermde woonruimte (protected housing).
Specific chapters detail the permit procedures for cadastral splitting into apartment rights and the conditions for obtaining a housing permit in designated areas under the Wbmgp. The ordinance also includes an annex specifying administrative fines for non-compliance with these housing rules.
Extraction and Conversion of Housing
Under Article 2, it is prohibited to extract residential space from the housing stock or convert independent living units into non-independent units (room rental) without a permit from the College of Mayor and Aldermen.
- Conversion Threshold: A permit is required when a property is inhabited by 3 or more persons who do not form a single household.
- Extraction: Refers to using residential space for functions other than living, such as office or practice space.
- Exemptions: Licensed housing corporations and healthcare providers are exempt from conversion permits under specific conditions related to their statutory tasks.
- Refusal Grounds: Applications may be denied if the interest of preserving the housing stock or local livability outweighs the applicant's interest.
Purchase Protection (Opkoopbescherming)
Article 12 designates protected housing that cannot be rented out within four years of the date of registration in the public registers, unless a rental permit is granted.
- WOZ-Value Limit: Purchase protection applies to homes with a WOZ-value below the National Mortgage Guarantee limit (NHG), set at €355,000.00 at the 2022 price level.
- Designated Areas: The regulation covers 30 specific districts, including Binnenstad, Oud-Noord, Korvel, and the centers of Berkel-Enschot and Udenhout.
- Mandatory Exemptions: Permits must be granted for rental to first or second-degree relatives, temporary rental if the owner lived there for 12 months, or units inextricably linked to business premises.
- Transferability: A rental permit under purchase protection is personal and tied to the specific housing unit; it is not transferable to new owners.
Cadastral Splitting and Wbmgp Areas
The regulation sets strict requirements for splitting buildings into separate apartment rights to prevent the creation of poor-quality housing units.
- Article 7: Prohibits splitting buildings into apartment rights without a permit if they contain residential space.
- Housing Permits: In areas designated under the Wbmgp (such as Stoeterijstraat and Matterhornstraat), residents must obtain a housing permit before occupying a unit.
- Police Data Check: Article 24 allows the municipality to screen applicants for a housing permit based on police records to prevent an increase in nuisance or criminality in specific streets.
Enforcement and Administrative Fines
Non-compliance with the Huisvestingsverordening results in administrative fines as detailed in Annex 2. Fines are categorized by the type of violation and whether the activity is professional in nature.
- Illegal Conversion: Fines start at €2,000 for a first offense, rising to €10,000 for repeated violations.
- Business Violations: Professional or business-related violations attract higher penalties, reaching up to €22,500.
- Violation of Conditions: Failure to comply with permit conditions or rules in Wbmgp areas results in a fine of €450 per instance.
Frequently Asked Questions
When do I need a conversion permit for room rental in Tilburg?
A permit is required if an independent residence is converted into non-independent living spaces inhabited by 3 or more people who are not a single household.
What is the maximum WOZ-value for purchase protection in 2022?
The threshold is set at the National Mortgage Guarantee (NHG) limit, which was €355,000.00 at the 2022 price level.
How long does the rental ban last under purchase protection?
The prohibition on renting out a protected home lasts for a period of four years after the date the property was registered to the new owner.
Can I rent a house to a family member under purchase protection?
Yes, a rental permit must be granted if the living space is rented to a person who has a first or second-degree blood relationship or affinity with the owner.
What is the decision period for a housing permit application?
The College must take a decision within eight weeks of receiving the application, with a possible one-time extension of six weeks.
Which districts are subject to purchase protection in Tilburg?
Thirty districts are designated, including Berkel-Enschot, Udenhout, Binnenstad, Bouwmeester, Fatima, Het Zand, and Spoorzone.
What is the fine for illegal housing extraction?
For a first non-business violation, the fine is €2,000, while a professional or business-related violation results in a fine of €4,000.
