Parknieuws

Geen huurtoeslag meer?

June 19, 2018

Door een verandering in de Wet op de Huurtoeslag (2016) hebben bewoners van recreatiewoningen sinds dit jaar geen recht meer op huurtoeslag. Ondanks de legalisatie van ons park staan de chalets op de Molenpolder bij De Belastingdienst geregistreerd als “recreatiewoning / vakantiewoning”. Het wijzigen van het bestemmingsplan heeft volgens de dienst geen invloed op de woning zelf. Volgens hen zijn dit type woningen niet met de voor nieuwbouw geldende eisen uit het destijds bestaande Bouwbesluit gebouwd en daarom niet bestemd voor permanente bewoning. De eisen voor gezondheid, energiezuinigheid en (brand)veiligheid voor chalets zijn lichter dan die voor reguliere woonhuizen.

Verschillende gedupeerden hebben, na een afgewezen bezwaar, beroep ingesteld bij de rechter. Alle woningen zijn immers getoetst aan het bouwbesluit 2012 en voldoen daarmee aan de hogere eisen die voor permanente bewoning nodig zijn. Deze toetsing en de bijbehorende aanpassingen waren nodig om tot legalisatie te komen.

Een tweede argument dat de belastingdienst hanteert is dat de woningen gesitueerd zijn in parken, kleine woongebieden die afwijken van een gewone woonwijk. Het is vrij uitzonderlijk dat een woonwijk alleen toegankelijk is via een slagboom doch de relatie met wel of geen sociale huurwoning lijkt onduidelijk.

De gemeente Stichtse Vecht ziet de woningen op de parken als reguliere woningen met dezelfde lasten, plichten en rechten. Althans dit stelt de afdeling Ruimtelijke Ordening. De afdeling Sociale Zaken laat zich echter leiden door externe deskundigen die, als het om woonurgentie gaat, menen dat dat niet van toepassing is omdat het om recreatiewoningen zou gaan.

Kortom het blijft een spannende tijd voor diverse bewoners van de parken. Het lijkt erop dat de uitspraak van een rechter uiteindelijk helder moet maken welke rechten de bewoners van huurwoningen op de parken hebben.

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