Do you qualify?
ESC

- Quick overview
  - What is an informal care dwelling?
  - Costs of an informal care dwelling
  - Do you qualify?
  - Long-term residence
  - End of use of the dwelling

# Do you qualify?
Do you meet the rules? Use this checklist to apply the requirements for an informal care dwelling to your situation, including the criteria for medical confirmation and location.
Author: StartIT
Keywords: StartIT,mantelzorgwoning,mantelzorgwoning,mantelzorgers,mantelzorg behoevende,mantelzorg vergunning

This checklist helps you determine whether you qualify for an informal care dwelling. Since 2024, the conditions are regulated under the Omgevingswet. Municipalities may apply additional local rules in their environmental plan. Some municipalities also offer alternative options such as pre-care dwellings or generation homes.

## The informal care situation

- Care need: You must have a demonstrable, long-term care need that requires daily proximity to the caregiver 1.
- Support: A caregiver must be actively involved in your daily support, such as general household tasks, physical care, use of (medical) equipment, or other forms of personal assistance.

### Medical confirmation

- Proof: Written confirmation of the care need is required. This must be issued by an independent GP, community nurse, or another qualified care professional.

### Duration and current necessity

- Current necessity: The care need must exist at the time of application, or be demonstrably expected within the near future (for example, in the case of a progressive condition).
- Sustainability: The care situation must not be temporary or solvable without adjustments.

### Location and spatial requirements

- Plot: The dwelling must be placed on the same plot as the main residence (the caregiver’s home).
- Placement: Placement must comply with the rules for associated structures as applied under the Omgevingswet 2.
- Dimensions: The dwelling’s size, height, and distance from property boundaries must meet national rules for permit-free construction or fall within the municipal environmental plan.
- Permit: The dwelling remains permit-free as long as it meets all conditions, including the informal care relationship.

Historical information

Before 2024, these rules were covered by the Besluit Omgevingsrecht (BOR), which has since been replaced by the Omgevingswet.

### Dwelling type and use

- Self-containment: The dwelling must contain its own facilities such as sanitation, sleeping area, and entrance, and is intended for one household within the care relationship.
- Temporality: The dwelling is only allowed for as long as the care situation exists. When the situation ends, the dwelling must be removed or modified.

## Deviations and local arrangements

Municipalities may set additional requirements or offer more flexible options in their environmental plan:

- Pre-care dwellings: For situations where a care need is expected within the foreseeable future but is not yet acute.
- Other living arrangements: In some municipalities, broader living forms such as generation homes fall under customised rules or specific spatial plans.

1. Link - Rijksoverheid Informatie over mantelzorg ↩︎

2. Link - Rijksoverheid Regels voor bouwen en bijbehorende bouwwerken
   Link - Wetten.overheid.nl Omgevingswet (consolidatie) ↩︎

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