The municipality changes the zoning plan of our home without involving or informing us

Questioner

In 2012 we bought a house. The zoning plan was 'Rail and traffic' and private residence was allowed. In 2013, the municipality changed the zoning plan to 'Business Park' and the house was changed to 'company house'. We have not been informed or ever approached or involved in this change. Now I can no longer get a mortgage on my home, nor can I transfer it, because as a private individual I cannot get a mortgage for a company home. The municipality indicates that nothing has changed and does not want to undo the change. In 2019 we wanted to transfer the mortgage because we would save €500 per month. We have been missing out on that for 2 years now. Unfortunately, we are also going through a divorce, but I cannot take over the house and mortgage because the zoning plan must first be adjusted. Because we are going through a divorce, the house now had to be appraised. That was done as a company house. That appraisal was almost 3 times as expensive as for a regular house. And in order to be able to take over the house, after the change in the zoning plan, the house has to be appraised again. Because the municipality has changed the zoning plan, it has already cost me 24 months times €500,- plus €1,452,- valuation costs. Total €13,452,- that amount increases from December with €500,- per month. In addition, I want to see the change undone. What can/should I do with this?

Lawyer

I can do a spatial study for you to see if the municipality has a point, but the fact remains that the change took place a long time ago. What I can say in advance is that the rail and traffic function is not intended for residential purposes. I think that you are then appealing to a toleration situation?