Investor Protection (zelfbewoningsplicht) in Groningen

With the introduction of the new Dutch Housing Act on January 1, 2022, it’s no longer possible to simply buy a property in popular areas and rent it out immediately. The law aims to prevent investors from dominating the market, giving homebuyers a better chance to purchase a house they will actually live in themselves. Municipalities have the freedom to define which homes fall into the low or middle-price segments, and they can set specific rules for each neighborhood or even each street.

The Housing Act sets out several key conditions:

• • The investor protection period lasts a maximum of five years.

• • Rental is only allowed with a permit from the municipality.

• • You can rent to close family members.

• • Rental is allowed for properties that are part of a shop, office, or business space.

• • Temporary rental is possible, but only if the owner has lived in the property for at least one year themselves (known as the “self-occupation requirement”). This temporary period can last a maximum of 12 months.

Municipalities may introduce additional exemptions or exceptions.

Source: Dutch Government – Housing Market Policy

In Groningen, investor protection currently applies to all homes with a WOZ value (the official property value) up to €430,000 (with the exception of homes in the former municipality of Den Boer). Houses within this value range may not be rented out for the first four years without a special permit.

You may only rent out your property under these conditions:

• • Renting to first- or second-degree family members.

• • Temporary rental, up to 12 months (if the owner has lived there for at least one year previously).

• • Properties that are part of a shop or business premises.

If you meet these criteria, you can apply for a permit using the municipality’s official application form.

What does the self-occupation (“zelfbewoningsplicht”) rule mean? The would-be landlord must have lived in the property for at least four years themselves before they can rent it out. Of course, everyone tries to find loopholes, but the rule is clear and enforced—local exceptions do apply, so it’s important to check with the Municipality of Groningen for details. And

Groningen’s core approach follows the 2022 Housing Act, but the city can set its own extra rules and exemptions. More information is available on the Groningen municipality’s website about investor protection.

The Housing Act changed in January 2022. Initially, it contained rules for housing corporations, but it can also be used for national measures that influence the Dutch housing market. The very first Housing Act dates back to 1902, but the law is regularly updated to reflect modern society, changes to the property market, and new living habits.

We expect that the new rules won’t have a massive effect overall, but property prices may temporarily rise. If you want to sell your property before these changes take full effect, we’re happy to make you an offer as an active purchase agent, including for investment properties. We can also help you with selling your house, or provide a valuation so you know what your property is worth, both now and after the law is enforced.

• • What if I already own a house?

Investor protection does not apply if the property was bought and transferred before March 1, 2022.

• • What about existing rentals?

The rule also does not apply if the property had been rented out for at least six months before the sale. Investors who are already legally renting out properties may continue to do so.

• • Does investor protection apply to new-build homes?

No, the rule only applies to existing properties.

• • What about houses with a room-rental permit (“omzettingsvergunning”)?

If the house has an active room-rental permit, investor protection does not apply. This type of rental can continue with the new owner.

• • How much does a permit cost?

A rental permit costs €426. You must apply within one month of purchasing the property, or the fee will be doubled.

• • Does this rule also apply to houseboats?

Yes, houseboats are included. However, the value limit is determined by either the movable property tax (“roerende zaakbelasting”) or the actual purchase price, instead of the WOZ value.

sources:

Gemeente Groningen

RTV Noord