The regulations for informal care dwellings are directly linked to the existence of the informal care relationship. Once this relationship ends—due to the passing of the care recipient or a move to a care facility—the legal status of the dwelling changes immediately. It is essential to follow the rules surrounding the end of the care situation carefully to avoid issues with the municipality or violations of the environmental plan.
The obligation after the care situation ends
When the informal care situation ends, the informal care dwelling may no longer be used as an independent residential unit. The dwelling loses the temporarily permitted residential function that is allowed under the Omgevingswet for informal care situations 1.
In principle, you are given a period to comply with the new rules. Municipalities typically apply a term of up to one year 2, but it is advisable to verify this with your own municipality.
What must be removed or disabled?
To ensure that the dwelling is no longer considered independent, the essential facilities that make it self-contained must be removed or rendered unusable. This includes:
- Kitchen or kitchenette: Cooking facilities must be removed or permanently disabled.
- Worktop and sink: These must be removed if they contribute to an independent living setup.
Facilities such as a bathroom and toilet may generally remain in place, as these are often acceptable within an outbuilding (for example, a hobby room or guest space) and do not automatically create an independent dwelling.
What are you allowed to do with the dwelling?
Once the independent facilities have been removed, the structure may usually remain on the plot. It then falls under the standard rules for associated structures, and may be used as:
- Storage space: For household items, tools, or vehicles
- Hobby room or workspace: Such as a home office or studio
- Guest accommodation: As long as no independent residence takes place
You may not sell or rent out the dwelling as a separate home. If the intended use does not comply with the rules for associated structures, a regular environmental permit may still be required 3.
Demolition or removal of the dwelling
If the dwelling was originally temporary and movable (for example, a modular unit), the municipality may require it to be fully removed once the informal care ends. For permanent structures, this is generally not required as long as the independent facilities are removed.
If the dwelling continues to conflict with the environmental plan or local rules for outbuildings, the municipality may enforce demolition of the entire structure. This highlights the importance of considering the end-of-care scenario already at the start of the informal care arrangement.