The difference between Independent and Non-Independent Housing

In Dutch rental law, there is a distinction between independent (‘zelfstandige’) and non-independent (‘onzelfstandige’) housing ( ‘woningen’). It’s important to know which category your property falls into if you plan to rent it out, as this is crucial for calculating the rental points. While it’s often clear (for example, a student room is typically considered non-independent housing, while a whole house is classified as independent housing), it’s still a good idea to read this blog. There may be some details you need to consider.

Non-Independent Housing

Non-independent housing refers to properties that either do not have their own private entrance or share kitchen facilities, laundry facilities, and/or sanitary facilities with others. These are often student rooms.

Independent Housing

Independent housing refers to properties where a single household lives, with their own private entrance, and exclusive kitchen, laundry, and sanitary facilities. This could be a house or an apartment where you don’t share a bathroom or other facilities with a neighbor.

Since the introduction of the Affordable Rent Act on July 1, 2024, an additional rule applies here. For example, if you rent a whole house with five friends under a ‘friends contract’, your own space will no longer be considered independent housing. This is because there needs to be a “sustainable communal household.” We’ll explain what this means below, along with some exceptions (there might be some good news…).

Sustainable Communal Household

A sustainable communal household usually means a family or a couple, in 99% of cases. There are a few rare exceptions, such as a group of people in a polyamorous relationship or a religious community. A good way to test if it’s a sustainable communal household is to ask: if this group of people moves, will they always move together as a single unit to the new home? If the answer is yes, it’s considered a sustainable communal household. If the answer is no, then it’s not.

When Renting with Friends Counts as Independent Housing

Finally, some good news. If two friends are renting together, the property can still be classified as independent housing. However, if three or more friends are renting a property together, it will always be considered non-independent housing.