Temporary rental vacant property

You can apply for the permit for the following vacant properties:

• a property that is for sale and has never been occupied
• a property for sale in which the owner has lived during the 12 months before it became vacant
• a property for sale that has not been rented for more than 3 years in 10 years
• A rental property that is being demolished or refurbished
• a rental property for sale
• A building not built for living in (e.g., an office, school, group housing building)

Until when do you get the permit

• property for sale: 5 years
• rental property being demolished or refurbished: 2 years (extension up to a maximum of 7 years)
• housing in office, school or group housing: 2 years (extension up to a maximum of 10 years)
• housing for which you have an exemption from the environmental plan: for as long as the exemption lasts (maximum 10 years)

You apply for the permit from the municipality. To do so, use the form Application for permit for temporary rental of vacant housing.

Notice! Is your current permit for your property for sale valid for less than 5 years? If so, you do not need to renew it. Your permit is still valid for 5 years. You can ask the municipality to confirm this.

On the application form, please indicate the following:

• your personal data
• details of the building or property in which you wish to rent space
• data of the tenant
• description of the space you want to rent out
• the reason for your request
• Whether you have a permit under the Housing Act, such as an eviction permit or division permit

Have you obtained a permit for temporary rental? Then the normal rules for rent protection usually do not apply. However, the rules from the Empty Homes Act do apply:

• The tenant has no rent protection when the lease ends.
• The lease is for a minimum of 6 months.
• The tenant has a minimum notice period of 1 month.
• The landlord has a notice period of at least 3 months.
• The lease ends when the vacancy permit expires.

Rent

Do you get a permit to rent out your property that is for sale? Then you may agree on the rent with the tenant. In all other cases, the rent may not exceed the price stated in the permit.

Legislation

Vacancy Act (art. 15 and 16)

Regulation forms Vacancy Act