As of Oct. 7, 2021, rules for room rental in Nijmegen change

Last year, the municipality of Nijmegen announced a facet zoning plan for room rentals. In my article of December 1, 2020 "Announcement facet zoning plan room letting has consequences for room lessors in Nijmegen," I explained what this means for room lessors in Nijmegen.

Through the facet zoning plan, the municipality of Nijmegen wants to be able to better regulate room rentals and be stronger in dealing with future illegal room rentals.

On October 7, 2021, the Nijmegen Municipal Executive will make the draft zoning plan available for inspection and the preparatory decision taken by the municipal council will take effect. This article describes what this means and what you as property owner should take into account.

The ruling of the Council of State

The draft facet zoning plan is an alternative and partly supplementary instrument to the 2020 Housing Ordinance of the Municipality of Nijmegen. On the legal tenability of this Housing Ordinance, the Council of State ruled in a decision (ECLI:NL:RVS:2021:1136). The Housing Ordinance 2020 contains a permit requirement for homeowners who want to rent out rooms (conversion permit) for homes below the NHG limit and in certain neighborhoods also for more expensive homes. The Council of State ruled that a permit requirement is possible for homes below the NHG limit, but that it has not been shown to be necessary for more expensive homes. Preventing pressure on livability in certain neighborhoods is not sufficient to establish a permit requirement based on the Housing Act. The consequence of the ruling is that, for the time being, letting rooms in homes below the NHG limit is subject to a conversion permit obligation. For more expensive homes, this obligation does not apply.

Permit requirement for more expensive properties as well

With the draft facet zoning plan, the council intends to regulate that owners of a property with a (current) WOZ value below 325,000 euros (NHG threshold) will also need a permit to be allowed to subdivide the property. Owners of properties with a WOZ value below that threshold will soon need two permits. The conversion permit based on the Housing Ordinance, which the Council of State has upheld, and an environmental permit based on the preparatory decision or the zoning plan. Other permits may also apply, such as when there is a conversion.

Why a preparatory decision on room rentals?

The preparatory decision was made to prevent any further permit-exempt condominiums (with 3 or more rooms) in the period between the adoption of the facet zoning plan and its submission for public inspection. The submission of a draft zoning plan for public inspection ensures that applications for condominiums to be received thereafter can be postponed, but when an existing building is changed to condominiums without requiring a permit, no environmental permit is required - without a preparatory decision. The preparatory decision was made to also prevent changes of use to lodging. Therefore, as of October 7, it is no longer possible to accommodate a building without an environmental permit.

A variance from the preparatory decision may be made if the change of use does not conflict with the draft facility plan.

Record that room rentals take place

Because of the legal proceedings over the previous housing ordinances, there may be buildings where rooming is taking place, but for which a permit was not previously obtained. If 3 or more rooms are being rented out in one of your buildings and you do not have a permit, it is highly advisable to record before Oct. 7 that room rentals already exist. This is to prevent enforcement action being taken against the already existing room rental after October 7 based on the zoning plan or the preparatory decision.

Furthermore, it is wise to consider whether there is a reason to file a view against the draft facet zoning plan that is submitted for review.

We can, of course, advise you on recording existing room rentals and whether or not to file a view.