Permit under vacancy law

What is it?

The Leegstandwet is a law that allows certain categories of housing to be rented out temporarily, whereby a number of rent protection rules do not apply. This is to prevent long-term vacancy of housing. The law allows for a lease of at least six months, with a notice period of three months for the landlord and one month for the tenant.

What to do.

Permit vacant building rental

Upon receipt of your application, we will review whether the requirements are met.

How does it work?

Do you own an empty property and want to rent it out temporarily? If so, you may qualify for a permit under the Leegstandwet.

A lease under the Leegstandswet offers lighter rent protection than a normal lease, making it easier and quicker to terminate the lease in the event of a sale.

Requirements

  • This is an in-sale home that:
    • has never been inhabited, either
    • prior to vacancy has been owner-occupied for a minimum of 12 months, either
    • Has not been rented as living quarters for more than 3 years in the past 10 years;
  • the property is vacant;
  • the property will be adequately occupied.

Points of interest

  • Mortgage lender:Rental under the Empty Homes Act also usually requires permission from the mortgage lender. We therefore recommend that you contact your mortgage lender. In general, mortgage lenders do agree to rentals under the Empty Homes Act.
  • Building insurance:To avoid problems, it is wise to also notify your building insurance company that you are renting out the property. If you do not do this, the insurer might not pay out in the event of a claim because the person on the policy is not the person living in the home.
  • Lease agreement:The municipality has a sample lease agreement where you can fill in your own details and those of the tenant. Download here the lease agreement Leegstandwet ( pdf, 79 kB). No rights can be derived from this sample lease.

What does it cost?

To submit an application for a permit under the Empty Premises Act, you pay € 122.00 under the Fees Ordinance

The fee is €83.90 for processing an application to renew a permit for temporary rental of housing.

How long does it take?

The municipality is required by law to make a decision within 8 weeks of receiving your application.

Additional information

Information brochure ''The Vacancy Act Policy Rule''.pdf (79 kB)

Questions

If you have questions about a permit under the Empty Premises Act, please contact Joost Rijksen of the Space Department. He can be reached by phone at 040 - 2893 893 or via e-mail address j.rijksen@geldrop-mierlo.nl.