Self-preservation duty
What is it?
Self-occupancy obligation is a rule that states that a person who buys a home must live there himself. You are not allowed to rent the house to others for a certain period of time after purchase. In the case of the municipality of Geldrop-Mierlo, this is a period of three years. Thus, the self occupancy obligation forces homeowners to occupy the purchased home themselves.
How does it work?
The self-occupancy obligation applies to new construction homes with a purchase price up to the NHG limit. This obligation does not apply to existing construction.
Self-occupancy obligation is established either through a sales agreement with a developer, or in a letter of intent and/or anterior exploitation agreement with a developer. Hereby, this obligation is included in the deed of sale of the first buyer.
Buyer shall be obliged to use the property purchased by him exclusively for his own occupation for a period of three years from the date on which he is registered in the BRP as occupant of that property.
Barring exceptional cases, if the buyer fails to comply with the aforementioned obligation after notice of default and after expiry of the period stipulated in that notice of default, he shall forfeit to the municipality an immediately payable penalty of 25% of the sale value with a minimum of €100,000.
For other Requirements and the final decision, please see the documents at the bottom of this page.