Example | I want to split my home, what does this mean for me?

Chapter 3 contains rules that may apply to multiple areas.

Art 3.11 - Archaeological heritage sites

In the example, the property is located in an area with an archaeological value of 5. This means that if the development exceeds 1,000 m², archaeological research is required. This does not apply in the example.

Art 3.26 - Aesthetic areas

The plot is located in an area subject to building regulations. This means that any changes to the existing homes, if applicable, must be submitted for advice to the independent Advisory Committee on the Physical Environment. 
 

Chapter 4 of the Leudal Municipality Environmental Plan contains the rules regarding use. The following rules apply to the example:

Article 4.6 - Parking

Both the new home and the existing home must comply with the parking standards as specified in the 'Leudal 2025 Parking Standards Memorandum'. If there is no space to create additional parking spaces, this may mean that the home cannot be split.

Articles 4.77 to 4.79 - General rules on housing and overcrowding

Each dwelling is occupied by one household, and each occupant has more than 12m² at his or her disposal. These rules are complied with.

Articles 4.83 to 4.86 – Permitted without a license

A maximum of one dwelling is permitted per plot. Dividing the dwelling into two dwellings does not comply with this rule, as this results in two dwellings. The other rules in these articles (informal care, temporary living unit, home-based profession/business) are not relevant in this example.

Art 4.89 – Permitted with a permit: division of dwellings in a residential area

Article 4.83 stipulates that a maximum of one dwelling may be present on a single plot of land. Article 4.89 stipulates that exceptions to this rule are possible with an environmental permit. However, various rules apply.

• The property to be divided is an existing (legal) ground-level dwelling (i.e., no apartments on upper floors).
• The Requirements Appendix 4 of the 2024-2025 Housing Acceleration Agenda or its successor (see Appendix 1 to this information leaflet) must be met. This entails the following:
  • This is a ground-level home.
  • The new residence will be built within the existing main building.
  • Maximum of 1 additional home
  • The new home will be designed to be suitable for all stages of life.
  • The usable floor space of the existing and new homes is a maximum of 65 m².
  • The new home must remain available as an existing home (maximum price €420,000.00 in 2026) for at least five years (Appendix 4 still states ten years; this will be amended).
  • There must be an addition of spatial quality, namely:
    • Good spatial and urban integration: no housing behind housing, the new home must have the appearance of an existing home, etc. This is assessed by the independent advisory committee on the physical living environment, even in areas not subject to aesthetic regulations.
    • Demolition of redundant buildings to improve quality;
    • It must be demonstrated that the new home meets the requirements for a good living environment. There must be no obstacles such as odors, noise, spray zones, etc. In the Omgevingswet , this Omgevingswet a balanced allocation of functions to locations.
    • The new building plots comply with the residential regulations of the Leudal Environmental Plan;
  • The quality requirements and operating obligations must be laid down contractually and notarized.
• The rules on parking, as specified in Article 4.6, are complied with.

_{The other rules concerning use do not apply to the division of a dwelling in the example.} 

Chapter 5 of the Leudal Municipality Environmental Plan contains the rules relating to construction. The following rules apply to the example:

Art 5.2 – Building in accordance with the environmental plan

Building with or without a permit is only permitted if the building or structure to be constructed complies with the rules set out in chapters 4, 5, 7, and 9.

Art. 5.3 - Maximum combined surface area of buildings and associated structures

The surface area of all buildings on a plot may not exceed 60% of the surface area of the 'main residential building', 'associated structures' and 'side yard', with a maximum of 325 m². Both existing and new homes must comply with this requirement.

Art 5.9 - Environmental permit for construction

This article stipulates that an environmental permit is required for the environmental plan activity of construction, unless the rules indicate that no permit is required or that no permit is required on the basis of Article 2.29 of the Building Environment Decree. In this example, the facade is being altered in an area subject to aesthetic requirements. This is not considered to be permit-free and therefore requires a permit.

Art 5.13 - Assessment rules for environmental permits – general

This article stipulates that:

• The building plan must not conflict with Chapter 4 (rules of use).
• The building plan must not conflict with reasonable aesthetic requirements if it is located in an area subject to aesthetic regulations. This is the case in the example, and the independent advisory committee on the physical environment must assess the plan.
• The other specific rules in Chapter 5 must be complied with.

Article 5.12 – External Security

If the plot is located in an area where rules apply with regard to 'external safety', a permit is always required to divide a house into two houses. In the example, this is not the case and this rule does not apply.

Art 5.63 – Soil-sensitive building

This article stipulates that it must be demonstrated that the soil in the area where the new dwelling is to be built is not contaminated. In the example, an existing dwelling is being divided. In this case, it is likely that the soil is already suitable for an (additional) residential function.

_{The other rules concerning construction do not apply to the division of a dwelling into two dwellings in the example.} 

Chapter 7 of the Leudal Municipality Environmental Plan contains rules relating to, among other things, earthworks and tree felling. The following rules apply to the example:

Art 7.5 - groundwork without a permit

Groundwork is permitted without a permit if:

1. relate to normal maintenance, use, and management; or
2. the work has already commenced before the environmental plan has come into effect;
3. the soil is not excavated to a depth of more than 40 cm and the maximum square meter standard is not exceeded. In the example, a standard of 1000 square meters applies to archaeology.
4. concerns replacement buildings;
5. the building is needed for archaeological research.

This article is not relevant to the example. The second home will be built inside the existing property.

Article 7.17 – Felling of trees

If trees need to be felled on the plot, this does not require a permit if the tree is not listed as valuable or protected on the municipal tree list, which Map found on this Map : https://www.groeneparelsinleudal.nl/.

Article 7.17 – Creating or changing an exit

If an additional driveway is required for the additional dwelling, a notification must be submitted. An additional driveway is only permitted if:

• the traffic situation is safe;
• the construction of the exit will not be at the expense of a public parking space; and
• public green spaces are not affected in an unacceptable manner.

_{The other rules concerning groundwork do not apply to the division of a dwelling into two dwellings in the example.} 

Section 9 of the Leudal Municipality Environmental Plan contains the rules relating to monuments, (cultural) heritage, and landscape structures. These rules only apply if construction takes place on, at, in, or near a monument. This is not the case in the example, so these rules do not apply.

_{The other rules concerning monuments do not apply to the example. If you are building on, in, or near a monument, you will almost always need an environmental permit.}

The reason for this is that every home must have its own fire compartment. This means that, in accordance with the rules of the Building Environment Decree (Bbl), a fire separation must be built between the two homes. This changes the fire compartmentation of the existing home and, in accordance with Article 2.27(1)(b-2), an environmental permit for the technical construction activity is always required for this.

If flora and fauna values are affected, you may also need a permit for this. This may be the case if, for example, your work disturbs bats or house sparrows. For example, trees may not be pruned or felled during the breeding season. Whether these values are disturbed can be demonstrated by means of a flora and fauna study. The Province of Limburg is the competent authority to determine whether or not a permit is required. If flora and fauna values are not affected, no permit is required for this activity.