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The big question is: can you successfully object to the municipality’s buyout protection law? Suppose you want to buy a property for rent and this property is not yet rented. According to the local housing ordinance, this property would fall under buyout protection and therefore would not be allowed to be rented out without a permit from the municipality. You don’t agree with this. What can you do about it and what are your chances?

Suppose you have properties (under management) yourself. You cannot object/appeal to the ordinance. But you can object to not getting the permit. In Nijmegen this succeeded because the landlord had stated in his objection that the municipality could not substantiate the scarcity at all.

The buyout protection law is intended by the legislature for low-cost and medium-cost housing. What that is varies by municipality. As a municipality, in order to implement the buyout protection law, you must justify that there are unbalanced and disproportionate effects due to scarcity in the housing market and you must justify why it participates in the livability of a particular neighborhood.

This justification/substantiation of the “why do we as a municipality need buyout protection” is what the municipality does in the housing ordinance. The moment that banning the private landlords does not counteract this scarcity and livability at all, then you can successfully object to this law in the subdistrict court.

In Rotterdam, a court has already ruled after an objection that the municipality had not properly substantiated the scarcity of low-cost housing in the designated neighborhoods. In Nijmegen, too, an objection was successfully submitted and won (2021) with the Administrative Jurisdiction Division of the Council of State (Raad van State). In its defense, the municipality of Nijmegen could not show that the introduced buy-out protection law countered the scarcity of housing in the designated area. The result? The municipality has (temporarily) removed the law on buyout protection! The question, of course, is whether you as a small private landlord want to play for “David” to do battle with “Goliath”. But it is quite conceivable that private landlords in a municipality will join forces and jointly file this objection and fight it.