Self-occupancy obligation in Amsterdam goes into effect on April 1, 2022

11-3-2022 — 

Previously we wrote that several municipalities, including Amsterdam, want to introduce a self-occupancy obligation. On February 16, the City Council of Amsterdam agreed to the introduction of a self-occupancy obligation for ALL homes with a WOZ value of up to € 512,000.00 as of April 1, 2022.

Amsterdam uses a broader introduction than intended by the legislator
The national legislator has described it as follows: 'The regulation is only intended for areas where there is a housing shortage and nuisance. The change in the law requires municipalities to substantiate whether and in which neighbourhoods there are unbalanced and unjust effects due to scarcity of cheap and medium-priced owner-occupied housing. Municipalities must also substantiate that the measure is necessary and effective'.

Amsterdam and also some other municipalities in the surronding area have decided to interpret this very broadly by introducing the self-occupancy obligation citywide. This means that there is no area examination, as is the case in f.i. Rotterdam. In addition, Amsterdam chooses to classify all homes with a WOZ value of up to € 512,000 as cheap and medium-priced homes. According to Amsterdam, this means that at least 60% of the homes fall under the self-occupancy obligation.

Amsterdam is thus expressly seeking the limits of the legal powers. It is likely that by now tenancy lawyers are getting ready to conduct the first lawsuits about this. Because the expectation is that this will not stand up in court.

Self-occupancy obligation in the entire city, in the area of Amsterdam
Amsterdam - WOZ limit € 512,000 - as of 1 April 2022
Haarlem - WOZ limit € 389,000 - as of 1 February 2022
Amstelveen - WOZ limit € 411,000 - as of June 2022
Almere - WOZ limit € 355,000 - as of spring 2022
Diemen - WOZ limit € 512,000 - as of 1 July 2022

Exception and exemptions
In order not to frustrate the construction of new homes (even further) and to give institutional investors and corporations more possibilities, the City Council has included some exemptions. For example, the buy-out protection does not apply to:
-new construction projects;
-projects aimed at the construction of rental housing;
-on complex-by-complex sales of at least 10 houses.

In addition, the City Council will, in principle, grant an exemption if:
-the homes have been purchased by an organization with a socially desired goal;
-the homes have been purchased for care-related rental purposes;
-the homes are above stores;
-it concerns complex-by-complex sale of 4 to 9 houses.
This list will be supplemented once more experience has been gained with self-occupancy obligation.

No exemption will be granted for:
-a home that has been purchased to be renovated;
-a home purchased at a foreclosure auction.

This only applies to properties that are being transferred to a new owner
This new regulation only applies to properties that are being transferred to a new owner. If you already own properties, you may continue to rent them!