Change of destination and municipal requirements | Legal aid centre

Questioner

I have submitted a request in principle to convert a 200m2 single-storey commercial space on 900m2 of private land into residential space, Now the municipality is willing to go along with this, but demands that I first demolish half of the building can they demand that? that building has been there for 40 years, that is not a realistic demand. And a destination has nothing to do with the dimensions of the building

Lawyer

You are requesting a change of destination. (from business to residential) The municipality is not obliged to cooperate. In other words, they can ask you for a counter-performance, in the form of demolishing half of the building. Of course, the motivation here is 'good spatial planning'. I cannot judge that without further information.

Questioner

You write that municipalities do not have to cooperate in a zoning plan amendment, but I think that in this case it is different. In this case, an old article applies, which states that 'the mayor and alderman shall grant an exemption for a use other than that permitted under the provisions of the third paragraph, if strict application of this provision leads to a restriction of the most effective use that is not justified by compelling reasons. from which I conclude that this is no longer voluntary but that they must cooperate. I also have signatures of all the adjacent or surrounding plots within a radius of 300 meters from the owners under a declaration that they would all like to see the commercial use of this plot/building converted into residential, 8 signatures in total. I am the only commercial building among all the homes. ps. I have recently registered there, does that give me more rights? What additional information do you need to be able to give a better assessment? *Article 3 states commercial use, namely a guitar builder

Lawyer

In short, I need your address, or the address of the building to consult the current zoning plan. It is better that you approach me personally. In addition to my photo, you can look up some things