Housing of migrant workers

What are the possibilities under the environmental plan?

The housing of labor migrants is legally complex and touches on various legal fields such as environmental law, rental law, and municipal regulations. Many questions arise around whether it is even permitted to house labor migrants at a certain location. The environmental plan (formerly zoning plan) is leading in this regard. 

What does the environmental plan determine? 

The environmental plan states which functions are permitted on a parcel. Often, a parcel is designated for 'residential purposes' with the norm that only one household per dwelling is allowed. Housing multiple labor migrants raises the question of whether they are considered a 'household' together. This depends on the specific wording in the environmental plan, any transitional regulations, and local policy space. 

Exploitation permit or additional regulations 

In addition to the environmental plan, municipalities may impose additional conditions for housing labor migrants. Think of: 

• An exploitation permit; 
• Registration or notification obligation; 
• Requirements for fire safety, living space, or quality of housing. 

Without the correct permit or compliance with local regulations, you risk enforcement or fines. 

Rental law points of attention 

The rental law for residential space is largely mandatory. This means that tenant protection cannot be excluded by contract. Even with temporary rental or use by labor migrants, there are legal frameworks you must adhere to. Terminating a rental agreement is not simply possible without a valid reason. 

Quick insight for a fixed rate 

Do you want to know if housing of labor migrants, students, or expats is possible at your location? BG.legal offers property owners and managers the opportunity to have the environmental plan screened for a fixed fee of €500. You will receive a short and clear advice from us regarding the legal (im)possibilities, including practical recommendations. 

Contact our specialists for a quick and targeted assessment of your situation.