A home can be temporarily vacant for various reasons. For example, when the owner has moved and the property is for sale and therefore empty. It can also happen that the house is waiting for demolition or renovation. In these cases, it is possible to rent out temporarily with a ‘leegstandwet vergunning’ (vacancy law permit).
The different types of houses / buildings that can be rented out temporarily with a leegstandwet (vacancy law) permit are:
Different rules apply for each of the situations listed above. We often get the question from our customers whether they can temporarily rent out their home that is for sale. That is why below we further explain the situation of the living space in an owner-occupied home for sale.
This form is most common for a private owner. That is why we explain this form. For example, it may happen that a homeowner himself has moved and has not yet sold his previous home. A few years ago, when the economy was in less favourable shape than it is today, this form of rental was used regularly. Now that homes are being sold faster, this is exceptional. There nevertheless may be good reasons to rent out a home that is for sale.
The property must meet one of the following conditions:
Conditions for rental:
Details in the rental agreement concern:
If, after the expiry of the leegstandwet vergunning (vacancy law permit), the landlord wishes to rent out for the second time under a leegstandwet vergunning (vacancy law permit), there must be 5 years between two permits.
A private owner receives a permit for a maximum of 2 owner-occupied properties that are for sale at the same time.
If the house becomes vacant and meets the above-mentioned requirements, then in many cases you can rent it out with a leegstandwet vergunning (vacancy law permit). You can apply for this permit in the municipality where the property is located. It may be that the mortgage lender also sets requirements.
You can apply by using the “Request a permit” form for temporary rental of vacant living space. If the permit needs to be renewed, this can be requested using the “Request renewal permit” form.
These matters are assessed by the municipality:
Municipalities are not permitted to set their own additional requirements that are not included in leegstandwet (vacancy law).
To temporarily rent out your owner-occupied home, you need permission from the mortgage provider. They can set requirements.
When you rent out your owner-occupied home, it no longer falls under box 1 (income from work and owner-occupied home) but in box 3 (income from savings and investments). From that time, you can no longer claim a mortgage interest deduction.
If you’re looking for a care-free solution for renting out your house, you can always contact us to discuss the possibilities.
We write articles to inform both our tenants and landlords as fully as possible. With this article, Stoit Groep hopes to provide clarification about rental with a leegstandwet vergunning. The data in this article is based on information from the central government. The information was taken from the central government on 16 September 2019.
Sources for more information: