Kaderstellende beleidsnotitie woningsplitsing bij inwoning – Hardenberg Housing Splitting Policy
The Kaderstellende beleidsnotitie woningsplitsing bij inwoning is a formal policy framework issued by the Gemeente Hardenberg, Netherlands. Adopted by the Board of Mayor and Aldermen on January 23, 2018, and announced on January 30, 2018, this document establishes the regulatory criteria for deviating from existing spatial plans. It specifically addresses applications under artikel 2.12 lid 1 sub a onder 2 and 3 of the Wet algemene bepalingen omgevingsrecht (Wabo). The policy provides a legal pathway to convert existing co-habitation situations into two independent, self-contained residential units.
The scope of the document encompasses approximately 300 known co-habitation cases within the municipality, located both in the Stedelijk gebied (urban areas) and the Buitengebied (rural areas). It defines Inwoning as the housing of two households in one dwelling, often originating from social or care-related backgrounds, and Woningsplitsing as the physical and legal division of a single residence into two independent households. The framework is structured to address the bottlenecks identified by banks, realtors, and residents regarding the financing and valuation of non-independent 'i-dwellings'. It details administrative procedures, spatial quality requirements, and technical building standards necessary for a successful permit application.
The following sections detail the mandatory conditions for urban and rural areas, legal foundations for permit deviations, and the specific building safety requirements found in the document's annex. These rules ensure that while housing independence is facilitated, the spatial quality and character of the Hardenberg landscape are preserved.
General Conditions for Housing Splitting
All applications for splitting a residence must meet five core criteria to qualify for a permit under the municipal policy:
- Existing Situation: There must be a pre-existing situation where two households are residing within a single dwelling.
- Legal Origin: The co-habitation must have been legally established or permitted prior to the current bestemmingsplan (zoning plan) or beheersverordening (management ordinance).
- Technical Compliance: Both resulting dwellings must fully comply with the Bouwbesluit (Building Decree) and the local bouwverordening (building ordinance) for independent units.
- Adjacent Impacts: The split must not disproportionately affect the building or usage rights of neighboring plots or land uses.
- Noise Limits: Sound levels from road or rail traffic must not exceed the preferred threshold values set in the Wet geluidhinder (Noise Abatement Act).
Additional Requirements for the Rural Area
For properties located in the Buitengebied, the policy imposes stricter constraints to prevent urbanization and maintain the rural landscape character.
- Volume and Surface Area: As a rule, there may be no increase in the legally permitted built surface area or volume of the main and outbuildings.
- Visual Appearance: The property must retain the appearance of a single main building with associated structures; creating a standard semi-detached (twee-onder-één-kap) look is prohibited.
- Spatial Quality Plan: A ruimtelijk kwaliteitsplan is required to demonstrate how the yard and landscape integration align with the surrounding environment.
- Hardness Clause: Minor increases in volume may be permitted if strictly required to meet Bouwbesluit safety standards or if they demonstrably improve spatial quality.
Technical and Building Requirements
The annex (Bijlage) specifies the mandatory technical documentation and physical modifications required for a conversion permit. Applicants must submit evidence for several safety and utility categories:
- Fire Safety: Proof of fire-resistant separations between units, including materials used and fire-resistance duration in minutes.
- Smoke Detection: Installation of smoke detectors in accordance with NEN 2555 standards within enclosed transit spaces.
- Structural Integrity: A report confirming structural safety if existing structures are modified or if new loads are added to floors and foundations.
- Ventilation and Flues: Documentation of ventilation methods and calculations for the dilution factor of flue gas discharges to protect indoor air quality.
- Utility Separation: Installation of separate meter rooms for independent utility connections to prevent neighbor disputes.
Frequently Asked Questions
What is the legal definition of 'inwoning' in Hardenberg?
It refers to the housing of two households within a single residence, typically for social reasons or informal care (mantelzorg), where one household effectively supplements the existing one.
What happens to the house number after splitting?
Once the environmental permit is granted and the dwelling is split, a new house number can be requested, and the temporary 'i-number' is revoked.
Can I split a farm building in the rural area?
Yes, but if it is a former farm with a volume exceeding 1,000 m3, specific rules in the Bestemmingsplan Buitengebied may apply to prevent demolition of characteristic buildings.
Is an asbestos report required for splitting?
For buildings constructed before 1994, an asbestos inventory report is mandatory if demolition work is involved during the splitting process.
Which legal procedure applies within the built-up area?
For locations within the built-up area (bebouwde kom), the procedure follows Article 2.12 lid 1 sub a under 2 of the Wabo, involving the so-called 'kruimellijst' (minor exceptions list).
Are there specific noise requirements for units near railways?
Yes, the noise load from roads or railways must not exceed the preferred limits defined in the Wet geluidhinder.
Must the two units be technically separated for utilities?
The policy strongly advises technical separation of installations and the creation of an extra meter room to prevent friction between residents and ensure independence.
What standard must smoke detectors meet?
Smoke detectors must comply with and be placed according to the primary installation requirements specified in NEN 2555.
