Woningsplitsing kernen Oirschot 2023 – Residential Subdivision Policy for Oirschot Centers
The Woningsplitsing kernen Oirschot 2023 is a formal policy framework established by the Gemeente Oirschot in the Netherlands. Effective from May 13, 2023, this document provides the regulatory criteria for assessing requests to split existing detached houses into multiple residential units. It operates within the legal context of the Wet algemene bepalingen omgevingsrecht (Wabo), the Besluit omgevingsrecht (Bor), and transitions into the framework of the Omgevingswet as of January 2024. The policy specifically addresses applications for permits to deviate from existing zoning plans under the so-called kruimelgeval (minor case) provisions of Article 4, Annex II of the Bor.
The scope of the policy is limited to existing detached dwellings located within the built-up boundaries (bebouwde kom) of the centers of Middelbeers, Oirschot, Oostelbeers, and Spoordonk. It defines the standards for creating independent living spaces to meet the demand for housing for starters, single-person households, and seniors. The document outlines essential structural, spatial, and environmental conditions, including minimum floor areas, parking requirements, and sustainability investments. It also establishes the necessity of an anterieure overeenkomst (anterior agreement) for cost recovery and infrastructure contributions.
The following sections detail the specific technical and procedural requirements for residential subdivision, ranging from cultural-historical assessments to concrete site-level conditions for outdoor storage and accessibility.
Scope and Spatial Delimitation
This policy applies exclusively to the conversion of legally existing detached houses within the defined urban boundaries of the Oirschot municipality. It does not apply to outbuildings, business dwellings (bedrijfswoningen), or properties situated on industrial estates.
- Permitted Areas: The built-up areas of Oirschot, Spoordonk, Middelbeers, and Oostelbeers as indicated on the Planologische komgrenzen map.
- Splitting Limit: A ground-bound dwelling may only be split once, resulting in a maximum of two independent ground-bound units.
- Orientation: Only vertical splitting is permitted; horizontal subdivision or stacking of units is excluded under this framework.
Technical and Spatial Requirements
For a subdivision permit to be granted, both the existing and the newly created unit must meet specific physical standards to ensure a high-quality living environment.
- Minimum Area: Each unit must have a minimum net usable floor area of 70 m2, excluding associated structures.
- Parking: Both units must provide at least 2 parking spaces on their own property.
- Outdoor Storage: The new unit must include an external storage facility of at least 5 m2, with a minimum width of 1.8 m.
- Access: Every unit must have its own direct entrance from the public road; access via a right of way (overpad) is not permitted.
Cultural Heritage and Sustainability
Special conditions apply to buildings with historical significance or those lacking modern energy efficiency standards.
- Monuments and Historic Views: If a building is a monument or located in a protected village view, the erfgoedcommissie (heritage committee) must provide advice to ensure characteristic values are preserved.
- Sustainability Investment: If the existing dwelling does not possess an Energy Label A or B, a demonstrable investment in sustainability is required as part of the subdivision project.
- Neighbor Dialogue: Applicants are required to conduct a dialogue with direct neighbors and stakeholders before a permit is processed.
Financial and Legal Procedures
Before a permit is issued, the municipality requires an anterieure overeenkomst to settle costs related to the development.
- Cost Recovery: The municipality recovers costs for spatial developments, which may include contributions to green space, water storage, and infrastructure.
- Utility Connections: Each new unit must have its own independent connections for water, electricity, and the municipal sewer system, provided at the applicant's expense.
- House Numbering: A new house number is officially assigned only at the moment the omgevingsvergunning (environmental permit) is granted.
Frequently Asked Questions
Can I split a house into three or more units under this policy?
No, the policy strictly limits the subdivision of a ground-bound dwelling to a maximum of two independent ground-bound units.
Is horizontal splitting allowed for apartments?
No, the policy specifies that subdivision is only permitted through vertical splitting.
What is the minimum floor space required for a split unit in Oirschot?
Each unit must have a minimum net usable area of 70 m2, excluding any external outbuildings.
How many parking spaces are required for a subdivided property?
Both the existing and the new unit must provide at least 2 parking spaces on their own private land.
Are there specific requirements for the outdoor storage unit?
Yes, the new dwelling must have an external storage area of at least 5 m2 with a minimum width of 1.8 meters.
Do I need to talk to my neighbors before applying?
Yes, the policy requires a dialogue to be conducted with direct stakeholders and neighbors as part of the initiative.
Can I split a business dwelling (bedrijfswoning) on an industrial estate?
No, this policy does not apply to business dwellings or houses located on industrial estates unless specific living climate guarantees are met.
What happens if my house is a designated monument?
Subdivision is possible in principle, but advice must be sought from the heritage committee, and a cultural-historical study may be required.
