Leasing vacant property temporarily

Renting out under the Leegstandwet offers you advantages. For example, you can ask a lower rent for the property. Also, you do not have to give the tenant rent protection. How long you may rent out the property depends on the situation:

• Rental property that is being renovated or demolished.
  You get the permit for 2 years. The municipality can extend the permit for 1 year at a time. The maximum total length of the permit is 7 years.
  
  
• Property for sale.
  You will receive a permit for 5 years. The permit will not be renewed.
  
  
• Building without residential zoning.
  You will receive a permit for up to 10 years. Do you need a temporary exemption from the zoning plan for use as residential accommodation? Then the rental permit is valid for as long as the duration of the zoning exemption (with a maximum of 10 years).

Renew

Permits for homes for sale issued from July 1, 2013 are automatically valid for 5 years. If you wish to renew a permit for another category, you must do so before the validity expires. If you apply for the renewal too late, you will have to apply for a new permit. However, this can only be done if there is five years between the expiration of the previous permit and the application for the new permit.

Conditions for temporary rentals include:

• The living space is vacant.
• You are the owner or landlord of the residential property.
• The owner can demonstrate that the property will be adequately occupied.

Residential property for sale may be rented only if:

• the living space has not yet been occupied (new construction)
• the owner himself lived in it for 12 months or more before it became vacant or
• the housing has not been rented for more than 3 years in the past 10 years

For housing that will be renovated or demolished, the following also applies:

• the owner can demonstrate that the renovation or new construction will be substantial and
• That demolition or renovation occurs within a reasonable time.

If you want to rent out a building without residential zoning, you must first apply for an environmental permit for planning conflicts. You must apply for this permit through the Environment Desk. Only once you have this permit can you apply for a permit under the Empty Premises Act.

Rent

The permit states the maximum rent you may rent at. If the landlord agrees or has already agreed to a higher rent with you than the rent stated in the permit, the rent stated in the permit applies. 

The municipality decides within 8 weeks of receiving your application. The municipality may extend this period once.

You will receive the municipality's decision by letter. This will also explain where and how to object if you disagree with the municipality's decision.