What are the rental options for the commercial part of my company home?

Questioner

I am the owner of a company home on an industrial estate. I had a psychology practice in the business part of my home. Due to retirement, I no longer work in the business part of my home, and I want to rent out this space. The zoning plan of the municipality states that "the person who carries out the activities in the company home must also be the resident of the company home". I own a BV, which I want to continue. I want to rent out under the flag of this BV. If I want to let another person work for themselves in my practice part, is that legally permitted? Or do I run risks? I look forward to hearing from you. Yours sincerely,

Lawyer

It is a service residence, so that person must work and live there.

Questioner

Under the flag of the BV I am not allowed to rent the business part to third parties, given the zoning plan of the Municipality. Is this conclusion correct?

Lawyer

Yes, that is correct. In principle, you are then violating a provision from the plan. However, sometimes an exemption or deviation is possible, after a thorough address investigation tested against the plan and legislation and case law if necessary.