Verordening beheer woonruimtevoorraad Schiedam 2024 – Schiedam Housing Stock Management Ordinance
The Verordening beheer woonruimtevoorraad Schiedam 2024 is a municipal ordinance issued by the City Council of Schiedam, Netherlands. Effective from January 1, 2024, until January 1, 2028, this regulation replaces the 2016 edition to align with the Huisvestingswet 2014 (Housing Act) and the Omgevingswet (Environment Act). It serves as a legal instrument for the municipality to manage changes in the local housing stock and ensure a balanced housing market as part of the municipal Woonvisie.
The document establishes mandatory permit requirements for activities that alter the availability or nature of residential units. This includes the withdrawal of housing from the market, conversion into non-independent units (room rentals), housing formation through subdivision, and cadastral splitting. It also defines the framework for Opkoopbescherming (purchase protection) to prevent the buy-to-let of affordable and mid-range housing in designated districts. The ordinance applies to all buildings defined as structures enclosed by walls and accessible to people, specifically focusing on residential spaces intended for households.
This regulatory framework details the application procedures, refusal grounds based on liveability and maintenance standards, and specific thresholds for property values and surface areas. It also outlines the administrative enforcement measures and fines applicable to unauthorized housing modifications.
Permits for Withdrawal, Conversion, and Housing Formation
Under Article 2, a permit is required for any action that removes a dwelling from the residential stock or changes its intended use. This includes:
- Onttrekken: Withdrawing residential space for use as an office or home practice.
- Omzetten: Converting independent living space into non-independent rooms (kamergewijze bewoning).
- Woningvorming: Renovating a single residential unit to create two or more independent dwellings.
Exemptions apply to conversion if the unit is occupied by a maximum of three persons not forming a household, provided the property is not a flat or porch house and is located outside the areas specified in Annex I.
Cadastral Splitting and Valuation Thresholds
Article 7 mandates a Splitsingsvergunning (splitting permit) for the division of properties into separate apartment rights in designated areas listed in Annex II. This requirement applies to dwellings with a WOZ-waarde (property valuation) up to and including €310,000.
Applications for splitting must include a professional report describing the architectural state of maintenance and detailed drawings of the intended situation. The municipality may refuse a permit if the state of the building is deemed insufficient for the proposed division.
Purchase Protection (Opkoopbescherming)
To safeguard affordable housing, Article 9b prohibits the rental of protected dwellings within four years of the registration of the deed of transfer without a Verhuurvergunning opkoopbescherming (rental permit). This applies to properties that meet the following criteria:
- The property is located in districts specified in Annex III (Oost, Nieuwland, or West).
- The WOZ-waarde is below the affordable purchase limit, set at €355,000 as of the latest update.
- The registration of transfer occurred after November 1, 2022.
Permits are generally only granted for rental to direct family members (first or second degree), temporary rental (max 12 months) if the owner has lived there for at least a year, or properties inextricably linked to commercial spaces.
Refusal Grounds and Living Standards
The municipality evaluates permit applications against specific qualitative requirements to prevent the degradation of liveability. Key refusal grounds include:
- Minimum Surface Area: A woningvorming permit will be refused if the resulting units have a floor area of less than 70 m2.
- Occupancy Density: For omzetting, a permit is refused if the resulting living space provides less than 18 m2 of floor area per person.
- Building Condition: Permits can be denied if the size, layout, or maintenance state of the building is unsuitable for the proposed change.
Enforcement and Administrative Fines
Violations of the permit requirements or conditions are subject to administrative fines (Bestuurlijke boete) as detailed in Article 10 and Annex IV. Fines are categorized by the nature of the violation and whether it involves professional exploitation.
- Standard Fine: Starts at €5,000 for the first offense regarding unauthorized conversion or splitting.
- Professional Exploitation: The fine for a first offense increases to €10,000 if the violation is committed for commercial gain.
- Maximum Penalties: Repeated offenses within a four-year period can result in fines up to €30,000 for violations of purchase protection or unauthorized exploitation.
Frequently Asked Questions
What is the minimum floor area required for a subdivided dwelling in Schiedam?
According to Article 5, a permit for housing formation (woningvorming) will be refused if the intended residential units have a usable floor area of less than 70 m2.
When is a rental permit required under purchase protection rules?
A permit is required if you intend to rent out a home in the Oost, Nieuwland, or West districts that was purchased after November 1, 2022, and has a WOZ value below €355,000.
Can I rent out my home to a family member in a protected zone?
Yes, Article 9d states that a rental permit for purchase protection is granted if the living space is rented to a person who is related to the owner by blood or marriage in the first or second degree.
What is the fine for converting a house into rooms without a permit?
The initial administrative fine for unauthorized conversion is €5,000, which increases to €10,000 if it is considered professional exploitation.
What is the maximum property value for the cadastral splitting permit requirement?
A splitting permit is mandatory for residential units in designated areas with a WOZ value up to and including €310,000.
How long is a housing permit valid if it is not used?
Permits for withdrawal (onttrekking) or conversion (omzetting) expire by operation of law if they are not utilized within 3 calendar years.
