Legal Assistance for Living in an Annex | Legal Aid Office

Questioner

Good morning To start off right away, we are a blended family of 6 people. and since we had no more space in the main house (connecting lock) we converted the barn into two bedrooms for 2 children with toilet and small bathroom furniture so that they can wash and brush their own teeth, everything is there, light, heating, smoke detectors, cameras, really everything. The municipality also came to have a look and said that it looks very nice and good. And a few months later we receive a letter stating that the children are no longer allowed to sleep there with immediate effect, while there are also people in the elder group who are allowed to do so, but the zoning plan states that independent living is not permitted in an outbuilding, but the children sleep there alone and live in the main building.

Lawyer

But sleeping is allowed in the barn? Usually that is also prohibited in zoning plans. Otherwise you have to state that they are not independent spaces according to the law because there is no looking.

Lawyer

Usually, such a letter from the municipality will give you the opportunity to make your point of view known. Do this within the period set for this (usually 2 weeks). If the period has already expired, you will (I estimate) receive a notice of administrative enforcement (formal decision) in which you will be prohibited, under penalty of a penalty payment, from using the shed for residential purposes any longer. Sleeping areas are usually part of the residential destination, certainly if, as you write, the shed is now connected to the house via a connecting lock. If you do not object to such a formal decision in time (within six weeks), the decision becomes irrevocable and you run a financial risk if you continue to use the shed as a sleeping area. Furthermore, you would be wise to consult with the municipality as soon as possible to see whether you can obtain an environmental permit for the use of the barn (outbuilding) as sleeping quarters for the home (main building).