Wanneer een woning langere tijd leegstaat, kan deze kwetsbaar worden voor kraken. Maar mag een leegstaand pand zomaar gekraakt worden?

When a property is vacant for an extended period of time, it may become vulnerable to squatting. But can an empty property be squatted just like that?

Squatting Vacant Properties: What Are the Rules?
In the Netherlands, the rules around vacancy and squatting are complex and sometimes vary from one municipality to another. This article offers insight into the rules surrounding squatting of vacant properties, the legal vacancy periods, and enforcement by municipalities.

How long may a property remain vacant?
In the Netherlands, there is no general deadline set for how long a property may remain vacant before action can be taken by municipalities or other authorities. Municipalities often have their own policies, especially in areas where demand for housing is high. For example, municipalities can set specific vacancy periods through the Empty Homes Act and develop their own rules for vacancy management.

Some municipalities apply a vacancy period of three to six months before taking action, while others are more lenient when dealing with properties that are temporarily vacant due to renovation or sale, for example. Stricter rules are more common for commercial properties, and squatting of these is also relatively more common than for residential properties.

Can a property be squatted if it has been vacant for a long time?

Squatting has been punishable in the Netherlands since 2010, regardless of how long a property has been vacant. This means that even a property that has been vacant for years may not be squatted. When squatting, squatters break the law and risk eviction and possible prosecution. Nevertheless, long-term vacant properties can attract squatters, and in some cases squatting is used by activists to draw attention to housing shortages and vacancy problems.

In practice, squatters regularly try to occupy vacant properties. In such cases, owners can appeal to the police to have the squatters evicted. However, a court order often has to be applied for, which can delay the process.

Does enforcement vary by municipality?
Yes, enforcement of squatting cases varies greatly from one municipality to another. Some municipalities take a strict approach and act quickly against squatters, while other municipalities sometimes adopt a more tolerant policy. The differences may have to do with local political priorities, the extent of the housing shortage, and whether there are sufficient resources for enforcement.

Cities with a high housing shortage, such as Amsterdam and Rotterdam, often have stricter controls on vacancy, and in many cases squatters are evicted more quickly. In smaller municipalities where housing demand is lower, enforcement may be less strict.

What happens to squatters upon eviction?

If a property is squatted illegally, the owner can demand eviction through the courts. The police can then force the squatters to leave the property. In some cases, squatters are arrested immediately, especially if there are repeated offences or other criminal offences. Squatting remains an offence that in principle allows for criminal prosecution, but in practice not every squatter is prosecuted.

Some municipalities offer alternative shelter or temporary housing for squatters, especially when there is a serious housing shortage. However, these policies are not in place in every municipality and depend on local policies and the social situation of the squatters involved.

Conclusion
Although a long-term vacant property may be attractive to squatters, squatting remains a criminal offence in the Netherlands, regardless of how long a property is vacant. Municipalities have their own policies and often apply different vacancy periods. Enforcement of the squatting law varies by municipality, but most municipalities take a serious approach to enforcing the squatting ban and support owners in their right to evict their premises.