BZK: new laws and amendments as of 1 January 2022 | news item

News item | 23-12-2021 | 15:10

Below you will find an overview of the most important laws and changes in the field of the Interior and Kingdom Relations that will come into effect on 1 January 2022.

Amended housing law

From 1 January 2022, the amended Housing Act will apply, which corporations, tenant organizations and municipalities can use to allocate and make (regulated) rental housing and quality of life more sustainable. Unnecessary details have been removed and rules have been simplified or clarified. Housing associations can do more on a social level. For example, the maximum investment amount for quality of life will be abolished, corporations may unburden the directly involved private owners when making their property more sustainable and the municipal housing vision becomes mandatory. There are also adjustments in the appropriate allocation, the temporary rental contracts for flexible housing and the free allocation space for vacant rental properties.

More information about the Housing Act as of 2022.

Limited rent increase in the private sector and rent freeze on social rent

For the free sector, the annual rent increase until May 2024 is legally limited to inflation plus 1 percentage point. From 1 January 2022, an increase of a maximum of 3.3% will apply to rental properties in the free sector. Rents in the regulated sector are frozen until June 30, 2022.

Extension of the right to housing benefit in two situations

From 1 January 2022, there will be two extensions that entitle tenants to housing benefit and/or keep it.
A household in which a minor child does not (yet) have a residence permit, retains the right to housing benefit. This means that rent allowance will no longer be reclaimed if the minor child no longer has a valid residence permit.
The right to housing benefit will also be extended from 1 January 2022 in situations in which the rent rises above the housing benefit limit. With this relaxation, there is a right to retention of housing benefit, even if the income or assets were too high in the month before. Tenants will then be eligible for housing benefit again if their income or assets fall again, provided that they were once entitled to housing benefit on the home in question.

More information: Rent increase free sector in 2022 maximum 3.3%

Landlord levy and agreements with corporations

In order to compensate the landlords for the effects of the rent freeze, to compensate for the tightening of the interest deduction limitation and because of the general rate reduction, the rate of the landlord levy will be reduced. The new rate in 2022 will be 0.332%. As a result, the landlord levy will be reduced by €831 million in 2022.
In combination with the reduction of the landlord levy in 2022, the Ministry of the Interior and Kingdom Relations has made agreements with Aedes about the use of the extra investment space. The agreements concern the phasing out of all social rental homes with a poor energy label (E, F, G), the construction of more social rental homes and the construction of temporary flexible housing, clustered forms of housing for the elderly and the conversion of buildings into homes.

The presented coalition agreement states that the new cabinet will abolish the landlord levy as of 2023.

Purchase protection

To give house hunters a better chance of finding an affordable owner-occupied home, municipalities can introduce purchase protection from 1 January 2022. This is possible in areas or neighborhoods where there is a scarcity of cheap and medium-priced owner-occupied homes, or when the quality of life in a neighborhood is under pressure due to the purchase of homes for rent. Purchased homes can then only be rented out in exceptional cases.

More information about Purchase protection

News item: Transfer tax exemption for task transfer housing associations now more widely applicable

Mention an energy label when selling and renting a home

As of January 1, 2022, sellers and landlords must also show the energy label in advertisements when selling or renting out their home or building (for example via Funda or the real estate agent). The temporary suspension of enforcement of this so-called advertising obligation will therefore lapse.

More information: Energy label homes

Making homes more sustainable

From 1 January 2022, the subsidy will be increased for two sustainability measures for homes. Homeowners and Home Owners Associations will then get about 30% back on their investment instead of about 20%. The subsidy can be spent on two insulation measures or a combination of an insulation measure with a (hybrid heat pump).

More information about subsidies for sustainability: Subsidies to make homes more sustainable

More information ISDE for homeowners: Apply for an investment subsidy for sustainable energy and energy saving for homeowners (ISDE)

More information SEEH for Owners’ Associations: Subsidy energy saving own home (SEEH) for VVE

More deduction for environmentally friendly investments

From 1 January 2022, the cabinet will increase the deduction percentages for environmentally friendly investments. This makes it more attractive for organizations to invest in sustainability. The environmental investment deduction (MIA) will be increased to three deduction percentages as of 2022, depending on the business asset: 27%, 36% and 45%. The Environmental List indicates which percentage applies to which business asset.

More information: More tax benefit for environmentally friendly investments in 2022

Municipal reclassifications

As of January 1, four municipal reclassifications will come into effect. It concerns two mergers in the province of North Holland and two in the province of North Brabant: Beemster & Purmerend, Heerhugowaard & Langedijk, Landerd & Uden and the five Boxmeer, Cuijk, Grave, Mill and Sint Hubert and Sint Anthonis.
At the request of the municipalities, the reclassification of Amsterdam and Weesp will not take effect on January 1, 2022, as usual, but on March 24 of that year. As a result, the redivision elections can coincide with the regular (national) council elections. This brings the number of municipalities in the Netherlands to 345 on 1 January 2022. And 344 as of 24 March.

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