Living with guests? Legal advice for your situation!

Questioner

Hello, We have a house we own and now a couple of friends want to live in our spacious guest room. Now the municipality says that they are not allowed to live there permanently, and that they are not allowed to be registered at our address. Because only one household is allowed to live at this address. Is this allowed?

Lawyer

amended Yes, that is possible: your municipality may impose restrictions on living in homes in this way, both by maximizing the number of people and the number of households allowed. The Council of State still agrees with regulations in zoning plans that regulate this. However, the regulation must be found in a valid zoning plan. Look at ruimtelijkeplannen.nl. The rules and the associated definitions are particularly important.

Lawyer

No problem. There is no maximum number of registered residents per house and zoning plans may not determine anything about this. Landlords can set a maximum for the number of registered residents, but in this case that is not the case. An increase in the number of registered residents at your address may have consequences for the municipal taxes you owe, as in some municipalities these are partly based on the number of residents of a house.

Questioner

Thank you very much for your responses! I looked up the zoning plan. The zoning plan does indeed state that a household of up to 4 people may live there (family). And that I may provide accommodation to fewer than 3 guests if the main residence of these people is elsewhere. So according to the zoning plan, they should not be registered here, but they may stay overnight. It has no consequences for our municipal taxes. 2 or 4 people does not matter here. The above answers vary considerably. Can you tell me more based on this new information. Can I ignore the zoning plan in this regard? And where can I find this in writing to show the municipality? Bvd!

Lawyer

If you violate a provision of the Plan, a sanction will apply and enforcement may follow with all the costs that entails. I recently investigated this to the bottom and beyond for a client who rented out rooms in Zeeland; believe me, however unfair the situation has been so far, the judiciary is not in your favor! If you want detailed information, you can contact me directly.

Questioner

Thank you very much for your responses! I looked up the zoning plan. The zoning plan does indeed state that a household of up to 4 people may live there (family). And that I may provide accommodation to fewer than 3 guests if the main residence of these people is elsewhere. So according to the zoning plan, they should not be registered here, but they may stay overnight. It has no consequences for our municipal taxes. 2 or 4 people does not matter here. The above answers vary considerably. Can you tell me more based on this new information. Can I ignore the zoning plan in this regard? And where can I find this in writing to show the municipality? Bvd!