How can I even legally use my second home?

Questioner

We have a first home (main residence) with an excellent mortgage, which still runs for 10 years and we certainly do not want to stop before that. We are in the fortunate position of being able to buy a second home without external financing. We have found our dream home + land in Oostvoorne, but are facing legal problems here: it seems as if we can buy a house, but are not even allowed to do anything with it! Reason: it is designated as residential. Since we want to grow old there, but still have to work now, we want to use it recreationally now, to sell our first home later and then move into our dream home. This does not seem to work, because the municipality does not want to change the zoning plan or include a functional designation "recreation", because we actually want to keep "living" of course. We can buy it, but then have to rent it out officially. We can also buy it and do nothing (even enjoy it there on the weekends), but then we will have problems again, because we cannot register in Oostvoorne. Otherwise we will lose our mortgage for the first home. Also, by law, one of us is not allowed to live in our first house and the other in the second. And finally, I understand that after 1 year of “vacancy” an investigation is also started regarding housing shortage. Nobody wants to live in this house and the current owner has problems selling it, because there is a leasehold on it and it is also located on the edge of a campsite. It is a very strange situation and my sense of justice tells me that something cannot be right here. Is it really true that I can simply buy a second home in the Netherlands, but ultimately I am not allowed to do anything with it at all?!?

Lawyer

The problem you are facing is mainly because the destination of the house is described as residential. In many municipalities in the Netherlands, a house with a residential destination may not be used for recreational purposes. This is partly to prevent too much pressure on the housing market because houses are used as holiday homes instead of as permanent homes. There are a few options you might consider: 1. You could try renting the house to a reliable tenant, for example someone you know. This could be a temporary solution until you can move into the house yourself. There may also be legal restrictions on this, so it is advisable to seek legal advice. 2. You could investigate whether it is possible to obtain a personal tolerance order. With this, the municipality can make an exception and allow you to use the house recreationally. The conditions and procedures for this vary per municipality, so it is wise to also obtain legal advice on this. 3. You may want to consider changing the zoning plan. This is a long and potentially complicated process, but it may give you more certainty in the long term. You will need to draw up a new zoning plan for this, which often involves an environmental impact assessment. It is also advisable to seek legal advice for this. These are not guarantees and each of these options has its own challenges and risks. However, the most important thing is that you first get clear on what exactly the restrictions are that are imposed by the municipality and/or the zoning plan. For this, hire a lawyer or attorney to help you with this. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.