Legal questions about outbuildings and zoning plans
Questioner
We have an outbuilding with its own house number, separate from the house *(property). We received this house number from the municipality at the time because we wanted to have our own gas, water and electricity facilities. This has now happened. The municipality has issued the house number stating that the building is a barn studio. My question now is whether overnight stays are allowed in this building, on a guest house or recreational basis.Lawyer
The zoning plan determines whether living or other functions are allowed. This is usually the case with the allocation of a house number, sometimes municipalities have policy rules about this, see for example .http://decentrale.regulation.overheid.nl/cvdr/XHTMLoutput/Actueel/De%20Bilt/93411.htmlLawyer
An extension within 4 meters of the house may be part of the house. This means that you may use the extension or expansion as a bedroom or living room, kitchen and such. Outside the 4-meter zone, the use of an associated building must be functionally subordinate to the main building. This means that it must be used within the same destination, but also be helpful to that destination. If a main building has a residential or retail destination, the outbuilding may not be used in conflict with that destination. For example, it is prohibited to build a shop as an outbuilding to a house. A further requirement is that the use of the outbuilding is helpful or supportive to the use of the main building. An associated building to a home and outside the 4 metre zone may be used, for example, as a garage, utility room, studio, garden shed, (bicycle) storage or hobby room. Use contrary to the intended use is not permitted; therefore, check the zoning plan and otherwise request a change or exemptionTake the next step
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