Legal assistance for outbuildings

Questioner

I would like to place a garden house (outbuilding) in the garden where our eldest son (adolescent) can stay. Is that allowed? The building itself; 30M2 and not higher than 5 meters is allowed wb environmental permit. Only one of the questions of the environmental permit is: is the building subordinate to the house. According to the information I have to fill in 'no' because 'the building is used as a toilet, kitchen, bedroom, bathroom or living room'. That's strange because in fact it is of course subordinate to the main building (house). I will still receive the environmental permit if I answer 'no' to this question, but also if I fill in 'yes'. The municipality says that I can build the house, according to the environmental permit and zoning plan But that the function, namely extra space for my son, determines that this is not allowed. I see the house as extra space at the house, that is how I read it in the zoning plan, nm: 16.3 Specific usage rules The following rule applies to the grounds referred to in paragraph 16.1: • a. the outbuildings referred to in section 16.2.2 may only be used as an ancillary space belonging to the home, or in accordance with the permitted use of the first floor of the directly adjacent main building. However, the municipality sees the extra room as living. How do you see this? And if I change the function to 'guest house', is that allowed? After all, that is not permanent residence. Kind regards,

Lawyer

The Environmental Act regulates everything about what is and is not allowed when building, renovating, living, etc. The municipality is the executive party that issues permits and enforces them if necessary and they are the party that can advise you in this and/or guide you in this. However, if they reject your applications, you have the right to object to this and they will also make a decision in this. If you do not agree with this, you can also bring this to court. Whether or not you meet certain conditions is something I would also have to look into and I cannot answer directly. I do advise you not to do things that will get you into trouble.

Lawyer

This is a fairly common prohibited situation in zoning plans because the residential function is increased you need a regular permit (which will not be issued). An outbuilding is namely not a building as soon as there are independent functions for living. For that reason, for example, no independent living units, and not even bedrooms, may be built in the garage. If you still want your son to stay there, I advise you to characterize the building as a garden shed or something similar.

Lawyer

If the space is used as a living space for your son with toilet, cooking facilities, bedroom, bathroom and living room then it is an independent living space and not subordinate to the main function. That is not allowed even if you call it a garden shed or guest house or something like that.

Lawyer

It is then indeed not allowed: what you risk is enforcement and/or a fine. It is up to you to judge whether you want to take that risk.