Mortgage and Zoning Plan: What Does This Mean for You?

Questioner

Hello 10 years ago we bought a house with mini-campsite on 3.5 ha of land with agricultural destination with exemption for the mini-campsite. In recent years, without our knowledge or notification, the municipality has changed the land destination to 'residential'. What are the possible consequences for a new buyer for their mortgage application? Easier or harder to obtain? Thank you in advance

Lawyer

A mortgage lender will assess whether the intended use is permitted. If the use is not permitted, the mortgage application is often denied. The key question is whether the residential destination is appropriate for the intended use. I understand from the question that there is no longer an active agricultural company present and that there is residential use. A residential destination is therefore a suitable destination. If the land and buildings are sold for residential use, the residential destination will actually be positive. For information: A revision of a zoning plan is announced. This requires individual attention from everyone. Therefore, check the municipal announcements weekly. You could check whether your municipality uses digital announcements via https://zoek.overheid.nl/berichten_over_uw_buurt_eenvoudig_zoeken and register for the email alert. You indicate that you obtained the exemption with the purchase (10 years ago). I wonder whether the exemption issued to the previous owners at the time applies to the grounds or was/is (also) personal. In the latter case, the exemption should have been re-licensed or transferred on your application. Furthermore, I advise you (if the mini-campsite is still in operation) to check whether these rights have been included in the revision. If you have any questions about this, I would be happy to hear from you.

Questioner

There is indeed no active farm and that was not the case with the previous owner either. The campsite was one of the campsites in the municipality of Coevorden that was allowed to continue as a mini-campsite due to the existing activities due to the changes in the law (Open Air Recreation Act) on 1 January 2008. This was confirmed to us by e-mail at the time of the takeover. We confirmed the takeover to the municipality at the time and they confirmed this in 2008. In 2008, the municipality changed the signage due to a change of business and in 2010, the municipality also assigned an additional address to the mini-campsite. The campsite has always been very successful and we have won many awards. Of course, we have collected and paid the tourist tax properly in those 10 years. The house with the campsite is currently for sale and there is clear interest. The change of land use was therefore a surprise to us, especially with the fact that the exemption for the mini-campsite seems to have been withdrawn (or at least not continued). I will discuss this with the municipality this week. The agricultural land designation will certainly not be reset and I am curious whether the 'new' 'residential' designation (including the approval for the continuation of the mini-campsite) will mean progress for both us as a selling party/provider, as well as for potential buyers (including in obtaining a mortgage) yours sincerely,

Lawyer

The following applies to the rural area of ​​the municipality of Coevorden (Article 38.1 sub a, rural area zoning plan). 'Use in conflict with the zoning plan is understood to mean: the use of the grounds and buildings for the purpose of free camping, small-scale camping or another form of small-scale residential recreation, with the exception of existing camping grounds, where small-scale camping with up to 25 camping units is permitted;' In other words, with a valid exemption, the existing mini-campsite can be continued up to 25 places. For a potential buyer, it is just important to transfer the exemption. If your land is not located in the 'Outside area', other rules apply of course. Without an exact address I cannot provide further clarity.

Questioner

Another step further with your information :-) It indeed concerns the rural area of ​​the municipality of Coevorden and specifically the Drentsheerlijk campsite (Geesbrug).