Legal rules for overcrowding in homes


Questioner

Our son owns a house. We, the parents, retired, live in a chalet on a recreation area and have the son's address as our home address. Is that allowed?

Lawyer

No, on the one hand you are not allowed to live permanently on the recreation area, on the other hand you must indicate your actual residential address to the relevant municipality. The question is of course whether there is an active enforcement policy on the park through inspections carried out by the municipality. In that case you must of course not say that you live on the park.

Questioner

Your answer is also known to us. However, the problem is not so much with us, but with our son. He had a visit from a government official who told him that there were too many people living in his house. He has a family with 3 children and a foster child, so a total of 8 people.

Lawyer

Yes, that could be possible; that a maximum number of residents per household is set in a zoning plan. Then it is up to you to find another address or a temporary postal address until you have another permanent address. With a postal address you do not live in that home, but as mentioned it is a temporary solution in terms of duration and extension.

Lawyer

The Building Decree contains standards with a minimum living space per person, expressed in m2. If this standard is exceeded, there is overcrowding. This can be countered. Relocation of some or possibly all residents (to a larger home) is therefore the appropriate solution.

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