The 'Bestemmingsplan': The Rulebook for a Property
Every square meter of land in the Netherlands is governed by a bestemmingsplan (zoning plan). This is a legally binding document created by the municipality (gemeente) that dictates how a property can be used. For example, it will specify if a building is zoned for residential use (wonen), commercial use (kantoor or winkelruimte), or industrial use. It is the sole responsibility of the property owner to ensure that their use of the property complies with this zoning plan.
How Zoning Can Affect a Tenant
For a tenant, zoning compliance is a background issue that can have dramatic consequences if the landlord is breaking the rules. A common problem arises when a landlord attempts to rent out a space as a residential apartment when it is not zoned for that purpose—for example, a converted office, shop, or garage that has not been legally rezoned. If the municipality discovers this illegal rental, they can take enforcement action against the landlord. In a worst-case scenario, this could result in the municipality declaring the property unfit for habitation, forcing the tenant to move out on short notice. A major red flag for a potential zoning issue is if a landlord tells you that you cannot officially register (inschrijven) at the address with the municipality.