Purchase protection on homes

The housing market is failing. This is largely due to private investors who buy homes to rent them out. Only a few of the new rental properties belong to the affordable segment. As a result, first-time buyers and people with a mid-level income have little chance of finding affordable housing.

There is a need for affordable housing in all districts. If purchase protection is only introduced in certain districts, investors will mostly buy homes in districts that do not fall under the regulation. This is called the "waterbed effect". It may lead to more homes being split into several separate properties or being converted into rental properties in unprotected neighbourhoods.

The purchase protection regulation applies to homes that are registered in the Kadaster (Land Registry) after 30 September 2022. It only applies to affordable and moderately priced owner-occupied homes with a WOZ value below € 355,000 (the NHG threshold in 2022). Finally, on the date of registration in the public registers of the deed of transfer to the new owner...

1. ...the home may not be rented out and may no longer be in use
2. ...the home must have been rented out for a period of less than 6 months, or
3. ...must be rented out with a purchase protection letting permit.

The date of transfer is decisive. This is the moment when the deed of transfer is registered with the Kadaster (Land Registry). 

Market research has shown that there is a particular need for affordable owner-occupied homes (i.e., affordable and moderately priced homes). The most objective and common definition for this is the NHG threshold. In 2022, the threshold will be at a WOZ value of € 355,000. The Dutch government adjusts the threshold every year.

You may only rent out your home if you have a permit. A permit is only granted in exceptional cases. If your situation meets the conditions, you can apply for a permit to rent out your home from 1 October 2022. The situations in which you are eligible for a permit are listed below.

1. You want to rent out the home exclusively to 1st or 2nd degree blood relatives or relatives by marriage. 1st degree relatives are (adoptive) parents and (adopted) children. 2nd degree relatives are grandparents, grandchildren, brothers and sisters.  A relative by blood or marriage may live in the house with a partner in case of a marriage, civil partnership or cohabitation contract showing the intention to live independently in a family context for a longer or indefinite period. 
2. You have lived in the home for at least 12 months or longer. You must be registered at this address with the municipality in the Personal Records Database (BRP). You can then rent out the residence for a maximum of 12 months, as long as you do not rent it out as a holiday home. 
3. The residence is an integral part of a shop, office or commercial space. 

Housing corporations, market parties* and care institutions can apply for a permit if:

1. The home was bought by a housing corporation and is then rented out by the corporation. 
2. The home was bought by Gemeente Maastricht (the municipality of Maastricht). 
3. The home was bought by a market party on the instructions of Gemeente Maastricht. 
4. The home was bought by a housing corporation and is intended for rental. 
5. The home was bought by a care provider** on behalf of Gemeente Maastricht or the national government and is intended for care recipients who will rent the home temporarily. 

* Market parties that act on behalf of Gemeente Maastricht (the municipality of Maastricht) and have a cooperation agreement with the gemeente to do so.

** Certified and contracted healthcare providers.

We will investigate addresses that might be rented out without a permit. We will doublecheck the addresses and examine whether the rules are being violated. If we find any violations, an enforcement process will follow. In addition, we take random samples of permits to determine whether the conditions of the permit are being complied with. Renting out a home without a permit may result in a fine of up to €45,000. A fine of €22,500 applies for a first offence.

The regulation will be published on 30 September 2022. The council decision document (only available in Dutch) contains the text of the regulation.

No, you do not have to. Purchase protection only prohibits the buyer of an owner-occupied home from renting it out to others. But it does not oblige the buyer to live in the home themselves.

No, this is not allowed if the WOZ-value of the house is below the NHG threshold of € 355,000 (2022). Through purchase protection we aim to preserve affordable owner-occupied housing. It is therefore not permitted to split homes into flats or convert them into rooms and then rent them out. Splitting homes into owner-occupied flats is also not permitted. For homes with a WOZ value above the NHG threshold, splitting and converting is possible. A permit is required for this. For those conditions see:  Splitting or converting a home into rooms | Gemeente Maastricht (only available in Dutch).

Applying for a permit costs 375 euros. It does not matter whether the permit is rejected or granted.

No. An issued permit or dispensation applies only to the applicant and the property for which it was issued. If a property with a permit or exemption is sold, the new owner must apply for a new permit or exemption.

Purchase protection does not apply if the home has been rented out for longer than 6 months when you buy it. Purchase protection does apply if the property has been rented out for less than 6 months prior to the purchase.

Yes, if they are going to live there. Buying a home for your child(ren) falls under the exceptions for 1st or 2nd degree relatives by blood or marriage. A relative by blood or marriage may live here with a partner in case of a marriage, civil partnership or cohabitation contract showing the intention to live independently in a family context for a longer or indefinite period. Therefore, you cannot buy a property and then rent it out to others than 1st or 2nd degree relatives besides your child(ren).