Uitvoeringsregel beoordeling splitsen woningen en percelen binnen de bebouwde kom – Maashorst Property Splitting Regulation
The Uitvoeringsregel beoordeling splitsen woningen en percelen binnen de bebouwde kom is a regulatory framework issued by the College van burgemeester en wethouders of the Gemeente Maashorst, Netherlands. Established under the authority of Article 5.1 of the Omgevingswet and Article 8.0a of the Besluit kwaliteit leefomgeving, this regulation came into force on January 1, 2024. It provides the legal criteria for assessing requests to split existing residential properties or land parcels into multiple independent housing units within defined urban boundaries.
The document governs two primary activities: Woningsplitsing (creating a second independent dwelling within the shell of an existing building) and Splitsing perceel (dividing a building plot to add an extra ground-bound home). It applies specifically to Omgevingsplanactiviteiten and Buitenplanse omgevingsplanactiviteiten located within the Bebouwde kom, as defined by provincial environmental ordinances. The regulation ensures that new residential units meet national standards, such as the Bouwbesluit, while maintaining the spatial and social integrity of the local neighborhood.
Professional users will find detailed requirements across several assessment domains, including public housing interests, heritage preservation, spatial quality, and environmental impact. The document also mandates procedural steps like the Omgevingsdialoog and formal cost-recovery agreements.
Policy Assessment Criteria
Proposed splits are subjected to a multi-stage policy test to ensure they do not conflict with broader municipal goals. No spatial or environmental review will occur if a proposal fails these initial policy requirements.
- Volkshuisvestelijk belang: The split must not obstruct local housing policy goals.
- Cultuurhistorisch belang: Development must not damage the historical value of the building or its surroundings as recorded in the Gemeentelijk erfgoedregister or zoning plans.
- Leefbaarheid en diversiteit: The project must not negatively impact the diversity of the housing stock or the social stability of the neighborhood.
Spatial and Urban Design Standards
The Ruimtelijke toets focuses on the physical integration of new units into the existing streetscape. A core principle is that dwellings must be visible from the public road; 'second line' housing (building behind an existing house) is generally prohibited.
- Minimum Floor Area: New ground-bound dwellings must have at least 75m² of living space, while stacked dwellings require a minimum of 50m².
- Plot Width: For the split of ground-bound plots, each new parcel must maintain a minimum street-side width of 20 meters.
- Urban Quality: Assessments consider front garden depth, building width relative to the street, and visibility from public spaces.
- Privacy and Sunlight: New developments must not disproportionately affect the privacy or sunlight of neighboring properties.
Traffic, Parking, and Environment
Applicants are required to address the logistical and environmental impacts of increased residential density on the specific site.
- Parking on Private Land: The primary requirement is that additional parking spaces be realized on the property itself.
- Public Space Parking: Use of public space for parking is only permitted if the local Parkeerbalans allows it and the initiator pays for the construction and land costs.
- Environmental Limits: Splitting is prohibited if environmental barriers exist regarding noise, air quality, external safety, odor, or electromagnetic radiation.
- Business Operations: The creation of new dwellings must not restrict the operational activities of nearby businesses.
Procedural Requirements and Cost Recovery
The regulation introduces formal steps for community engagement and financial liability.
- Omgevingsdialoog: The initiator must conduct a dialogue with neighbors and document the results in a report signed by the participants.
- Anterieure overeenkomst: A legal agreement for cost recovery is required before the municipality will cooperate with the housing addition.
Frequently Asked Questions
What is the minimum living area for a house split in Maashorst?
For ground-bound houses, the minimum floor area is 75m². For stacked housing units, such as apartments, the minimum is 50m².
Is it possible to build a new house behind an existing one?
Generally, no. The regulation states that housing in the 'second line' is undesirable, and every dwelling must have sufficient visibility from the public road.
What is the required minimum plot width for a land split?
Each newly formed parcel after a split must have a minimum width of 20 meters at the street side.
Are there exceptions to the minimum floor area and width rules?
Yes, in exceptional urban planning situations, the municipality may deviate from these criteria if the spatial quality remains acceptable.
Who pays for new parking spaces in public areas?
The costs for constructing extra parking spaces in public space, including compensation for the land, are recovered from the project initiator.
Is a neighborhood consultation required for property splitting?
Yes, an Omgevingsdialoog (environmental dialogue) with neighbors is mandatory, and the results must be recorded in a signed report.
