Assisted Living with Independent Amenities in Gemert-Bakel

An informal caregiver’s residence is a temporary, independent living space attached to or adjacent to your home for a loved one to whom you provide intensive care or support. You help that person with daily activities and maintaining independence. You do this based on your personal relationship with that person. This involves assistance that goes beyond the “normal” things you would do for a housemate.  
Under the current national regulations, individuals in need of informal care have options for informal care housing. A family care declaration is required. The need for assistance must be demonstrated with a statement from a medical examiner or a community nurse. If the person in need of family care is known to the municipality, the municipality will assess the need for assistance.  

If there is no longer a need for direct informal care, the informal care residence—in the case of a permanent structure—must be restored to its original condition. You must remove facilities such as the kitchen, bathroom, and toilet. You may then use the building again, for example, as a storage space or hobby shed. You may no longer use the building as independent living quarters. In the case of a portable unit, it must be removed once there is no longer a need for informal care.

Steps to take when applying for an informal caregiver housing unit. 

Step 1: Check if a permit is required 

Check to see if you need a permit to build an informal care home.(external link) Or to adapt part of a building for informal care.  

Step 2: Contact the municipality 

Describe your (draft) application and email it to: omgevingswet@gemert-bakel.nl. There is no charge for an informational email. However, there is a fee for a preliminary consultation, in accordance with the fee ordinance.

The 'Policy rule on attending with independent facilities Gemert-Bakel(external link)' enables (pre-)informal care living without requiring an informal care declaration. Even without an informal care relationship, temporary cohabitation is possible in certain cases. This can be within the immediate family (family living) or with other individuals outside the family. For example: adult children may temporarily live in an outbuilding attached to their parents’ primary residence, or parents may live at their children’s primary residence. Other single family members or a friend of the primary resident may also make use of this temporary housing arrangement.”  

Conditions apply to all of these options. It is possible to allow up to two people to live in a single outbuilding—suitable for habitation—located in the backyard of a residence on the same lot. Examples include a converted garage, shed, or a movable living unit. Co-residence with independent facilities always requires a temporary environmental permit, which is valid for up to 15 years; see below under “2. Steps to Take to Apply for an Environmental Permit.” 

National regulations will change in the future 

In the future, national regulations will allow family and informal care homes (without an informal care declaration) located on one’s own property to be exempt from permitting requirements under certain conditions. This is regulated by the Decree on Strengthening the Management of Public Housing, which is expected to take effect on January 1, 2027.

All conditions and obligations are listed in the policy rule.

Read the “Policy Rule on Assisted Living with Independent Facilities in Gemert-Bakel”here (external link)(external link).

The table below lists several conditions, along with a brief explanation. If you want to verify whether your plan fully complies with the regulations, always refer to the policy itself.

Assisted living is not available:

• For a residence located in an industrial park, recreational park, and/or mobile home park;
• In the event of a division of a residence or parcel of land where ownership is or will be divided under private law;
• If you sell your home, the permit is not transferable.

Fees: 

There are fees associated with applying for an environmental permit.  

We can also review your plan together in advance. You can first request a preliminary consultation. We will then assess the plan and provide advice on its completeness, feasibility, and the legal procedure to follow. This is intended for plans where a general direction is already known and where there are already documents available for us to review. Please note: Requesting a preliminary consultation incurs a fee (administrative fees).  
For information on fees, please refer to the Gemert-Bakel Municipality’s Fee Regulation.  

If you simply want to ask a general question, please submit it first as a request for information. There is no charge for an informational email. To do so, please use our regular contact opportunities.  

Information about the preliminary consultation 

CurrentRegulations of the Municipality of Gemert-Bakel 

Regular ways to get in touch (Contact Form) 

The owner is aware of any potential consequences:  
The owner must provide a written statement confirming that he or she is aware that the permit is temporary and understands the risks involved (see below, under “The owner is personally responsible for any consequences of an application”). Setting up shared living with independent living facilities near or within your home and using them (or having them used) can have various consequences; see also “Information Required for an Application.” 

Mandatory written notification of start and completion: 
The permit holder is required to submit a written notice of commencement at the start of the work and also a written notice as soon as the work is completed and the care facility begins operations. You can do this via BAG-beheerders@gemert-bakel.nl. 

Request a temporary house number: 
Two households will be living together on a single residential lot. For the building where the shared living arrangement is taking place, the owner may apply for a separate (temporary) house number for the shared living unit. However, this is not mandatory. You may also choose to continue using the house number of the main residence. The final decision regarding a temporary house number from the Basic Registration of Addresses and Buildings (BAG) rests with the owner of the main residence. You can submit a request for a temporary house number for the shared living arrangement via BAG-beheerders@gemert-bakel.nl. 

The owner decides for themselves whether to take advantage of this program. It is important to carefully consider the consequences. The municipality assumes that residents will thoroughly weigh the pros and cons. All risks are borne by the owner. Therefore, it is wise to seek advice, for example from a financial advisor or a notary. The granting of the permit does not mean that you will not (or no longer) face these consequences. It may also have implications for your personal situation if you plan to use a building for residential purposes or rent it out.

Please note!

If you are building an annex with independent facilities, both the owner of the main building and those who will be living in the annex should be aware that the following issues may arise. This is because two households will be living together on a single residential lot 

Living in a shared residence may have implications for:

• Benefits, because of the cost-sharing standard, or because of receiving or paying rent or housing costs (think of AOW, welfare, WIA, Wajong, WW or Algemene Nabestaandenwet (Anw));
• Pension and pension rights;
• Benefits and student financial aid (such as housing allowance, healthcare allowance, and child-related budget);
• Indications for care and support (under the Wmo or the Wlz);
• Tax issues (think of assessments, home ownership and box 3). The IRS may consider cohabitants as your tax partners;
• Property tax assessment value and, consequently, municipal taxes;
• Independent municipal charges, such as sewerage and waste collection;
• Rental issues (e.g. rent protection in rental agreement);
• Mortgage & mortgage conditions: ask your mortgage provider what the (im)possibilities are;
• Liability (insurance) and (building and contents) insurances: also make good agreements with each other about who is responsible for what.

If you plan to charge rent to subtenants, you must comply with regulations regarding rental properties. When renting out a property, you must adhere to rental regulations. The tenant is therefore entitled to certain rights, such as a lease agreement, rent protection, and maximum rent calculations. 

Visit the website What do I need to do if I want to rent out my home? (Rijksoverheid.nl) (external link) For all information on this topic. Please note that formally renting a building for shared living for an extended period grants the residents of that building certain rental rights.  

The permit is personal and is granted only to the individuals named in the temporary environmental permit. If the owner of the primary residence sells the property, the permit for living in a separate unit with independent facilities will also expire. If the new owner also wishes to take advantage of this arrangement, they must apply for a new permit.

This means that when you sell your home, you must clearly state that the building in which the assisted living arrangement has been established may not simply be used for assisted living. It must be clear to the buyer that this is a permit tied to a specific person and situation.

An environmental permit is always required for shared living with independent living facilities. This involves an environmental permit for an “off-plan environmental planning activity” (BOPA). The permit to be granted is personal and applies to both the homeowners and the future residents of the building in which the shared living arrangement has been established. For more information, see ““Environmental Permit.” 

The application for an environmental permit for a residential facility with independent living amenities is being submitted through the Omgevingsloket(external link), by the owner(s) of the main residence and the lot. An environmental permit can be applied for at any time.  

Ask a structural engineering firm, your prefab home builder, or an architect to help you submit the application. The municipality will review the application.

To submit an application for an environmental permit (BOPA), certain mandatory information is required, such as descriptions, architectural drawings, and site plans. In addition, each application requires specific information tailored to the location.  

An overview of all the information required for an application through the Omgevingsloket can be found in the document “Overview of Information Required for an Application for Assisted Living with Independent Facilities.” This document contains information on the following: 

• Apply through the Environmental Service Center; 
• Required information and documents for the BOPA environmental permit application; 
• Requirements for attending with independent living arrangements; 
• ETFAL justification for attending with independent accommodations. 

Overview of required information for applying for assisted living with independent living facilities(external link) 

When submitting your application through the Omgevingsloket, you must also provide the following, among other things: 

• Meeting Minutes: Meeting minutes from the community dialogue (public participation) with stakeholders are required. When submitting your application, you must demonstrate what the neighbors think of it. Your plan may affect the local environment. Informing people in the neighborhood in a timely manner can help resolve potential problems. The report must detail what was discussed. For the community dialogue report, you must use the “Form for Attending the Community Dialogue on Independent Facilities in Gemert-Bakel.”
  Share the report with everyone who was invited to the meeting. After submitting the plan, it is important that you continue to keep stakeholders informed about the plan. 

Information on Participation in the Environment Act  

See the attachment below: Community Dialogue on Independent Living Facilities in Gemert-Bakel  

• Signed statement on the implications of “Assisted Living with Independent Amenities in Gemert-Bakel” 
  This indicates that you have obtained information regarding, among other things, the consequences and obligations following the expiration of the environmental permit’s validity period. By doing so, you acknowledge that you understand and accept the conditions and consequences. 

Statement on the implications of assisted living with independent living facilities in Gemert-Bakel 

Agreement on Compensation for Losses and Indemnification Agreement
The agreement to be signed, titled “Compensation for Losses and Indemnification Agreement with the Primary Resident as a Party/Signatory,” is drafted by the municipality. Once an application has been submitted, the agreement will be sent to you. Therefore, you cannot submit it in advance.