When is a house structurally divided?

Questioner

When is a home considered to be structurally divided? For example, if a house at an address has a kitchen, shower and toilet upstairs and downstairs, and the residents also share an entrance, storage room, garden and another toilet, is there a structural division? The municipality indicates that 'actual use' is being looked at. That seems to me to be in conflict with their own rules which state that a non-independent residential unit shares a kitchen and/or shower and/or toilet I am curious about your opinion or any case law that exists on this matter. Are these rules the same in all Dutch municipalities or are there rules for each municipality?

Lawyer

This form of double occupancy (with two households) of one home occurs when there is a clear need for, for example, informal care in the short or long term. This is also called 'kangaroo homes'. Informal care can be defined here as "providing care to anyone who is in need of help on a physical, psychological and/or social level, on a voluntary basis and outside of an organizational nature". Care should be interpreted broadly here. It can be medical care for someone who is ill, but it can also be seen as the care for grandchildren by grandparents when the parents are working. In the case of cohabitation, one can think of the traditional form of cohabitation, in which the same facilities are used as the main residents. In this case, no independent living space is created. In the other form of cohabitation, the dependent living space, a living space is created, which does create a (legally) independent living space. Below is some additional legal information; - General Administrative Law Act, art. 4:81 - General Provisions Environmental Law Act, art. 2.12 paragraph 1 under a sub 3