Legal Terms

Squatting

Kraken

Squatting in the Netherlands, while illegal since 2010, has a complex legal and social history, and removing squatters still requires a formal legal process.

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Eligibility Rules, Current Rules, and Dutch Housing Context: Continue from Squatting (Kraken Squatters Rights)

Read Squatting (Kraken Squatters Rights) through exceptions, meaning, and related terms, not as advice for an individual housing case.

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The Ghost in the Machine: Squatting in the Netherlands

Kraken, the Dutch term for squatting, is more than just occupying an empty building; it's a phenomenon deeply woven into the country's post-war social and political history. For decades, it existed in a legal grey area, often seen as a legitimate protest against property speculation and housing shortages. This era came to an abrupt end on October 1, 2010, when the Squatting and Vacancy Act (Wet Kraken en Leegstand) came into force, making squatting a criminal offense. Despite this ban, the legacy of the squatting movement persists, and the process of removing squatters is not as simple as just calling the police and changing the locks.

The 2010 Ban: From Civil Wrong to Criminal Act

The 2010 law fundamentally changed the legal status of squatting. It is no longer a civil dispute between the squatter and the property owner but a crime punishable by up to one year in prison (or more if violence or intimidation is involved). The law was intended to give property owners a much stronger and faster tool to reclaim their property. However, the reality of enforcement is more nuanced. An owner cannot use force or intimidation to remove squatters themselves. This is considered vigilantism (eigenrichting) and is illegal. The owner must file a police report and let the official legal process run its course.

The Eviction Process: Not an Instant Fix

After a squatting incident is reported, the Public Prosecutor must decide whether to proceed with an eviction. This often involves a civil court procedure where a judge weighs the owner's interests against the squatters' situation. The owner typically needs to prove that the property was in active use or that concrete plans for its use (like renovation or sale) were imminent. If the building has been demonstrably vacant and neglected for a very long time, the eviction process can be delayed. While the law is firmly on the owner's side, the procedure can still take weeks or months, a frustrating reality for property owners.

Antikraak: The Market's Answer

The legal crackdown on squatting gave rise to a controversial commercial industry: antikraak (anti-squatting). Antikraak agencies place temporary residents, or 'property custodians', into vacant buildings on behalf of owners to prevent them from being squatted. These residents pay a very low monthly 'fee' (not rent) but in return, they receive a 'license to occupy' agreement, not a rental contract. This grants them minimal rights. They have no security of tenure, no rent protection, and can typically be told to leave with just a 14 or 28-day notice period. Critics argue that antikraak exploits the threat of squatting to create a new class of precarious tenants stripped of the rights that Dutch law normally provides.