Dutch Legislation

Chapter IV

in force

Approved institutions

Housing Act (Woningwet) · Articles: 108

Section 1

General provisions

19 Article 19

Our Minister may admit associations with full legal capacity and foundations that have as their sole object to operate in the field of public housing…

20 Article 20

The Administrative Jurisdiction Division of the Council of State shall, when hearing an appeal against a decision to revoke an admission, initially…

21 Article 21

The permitted institution shall not enter into a commitment with a legal entity or company until Our Minister has approved such upon a petition to…

21a Article 21a

The approved institution shall not provide assets to an affiliated undertaking other than by means of contributing capital upon its incorporation or…

21b Article 21b

The profit of a private limited company (besloten vennootschap met beperkte aansprakelijkheid) affiliated with an approved institution as referred to…

21c Article 21c

The categories of financial institutions with which exclusively the authorised institution may enter into transactions for the performance of its…

21d Article 21d

The creation of a right of pledge or mortgage on assets and related rights of an approved institution or an undertaking affiliated with it, which are…

21e Article 21e

Approved institutions, tenants' organizations, residents' committees, municipal councils, and executive boards of the mayor and aldermen may, if they…

21f Article 21f

Regulations may be issued by or pursuant to an Order in Council regarding the manner in which the security provision in compensation as referred to…

21g Article 21g

The national tax authority shall provide Our Minister, upon his request, with the data that, in his judgment, are necessary to assess the suitability…

Section 2

Legal form and organisation

22 Article 22

Unless provided otherwise by or pursuant to the provisions of this Chapter, Titles 1, 7, 8, Section 2, and 9 of Book 2 of the Civil Code shall apply…

23 Article 23

The articles of association of an approved institution or of an enterprise affiliated with it shall stipulate that it is exclusively or…

24 Article 24

The board of an admitted institution that is a foundation is authorised to amend the articles of association, unless the articles of association…

25 Article 25

Directors are natural persons. The appointment of directors shall be effected for the first time in the deed of incorporation. Subsequent directors…

26 Article 26

Subject to the cases determined by order in council, the resolutions of the management board regarding the following are subject to the approval of…

27 Article 27

Subject to the approval of Our Minister, upon a petition to that effect from the admitted institution, and except in cases determined by or pursuant…

28 Article 28

Resolutions of the management board may be subject to the approval of the supervisory board and the general meeting by or pursuant to the articles of…

29 Article 29

If an approved institution, in the opinion of its board, does not fully comply with the standards made known by the authority regarding the financial…

29a Article 29a

The management board of the admitted institution or a subsidiary shall, without delay, upon request or of its own motion, notify the supervisory…

29b Article 29b

The board shall provide for the maintenance and development of the knowledge and skills that, with due observance of the provisions laid down by or…

30 Article 30

The approved institution shall have a supervisory board. The board shall consist of three or more supervisory directors who are natural persons.

31 Article 31

In the performance of their duties, the supervisory directors shall be guided by the interest of the approved institution and the enterprise…

32 Article 32 repealed
33 Article 33

The Enterprise Chamber of the Amsterdam Court of Appeal has exclusive jurisdiction to dismiss a supervisory director or the supervisory board. It…

34 Article 34

[vervallen]

35 Article 35

The board shall annually prepare annual accounts, to which, of Title 9 of Book 2 of the Civil Code, exclusively Sections 2 up to and including 6, 8…

36 Article 36

Without prejudice to the fourth paragraph, the board shall annually prepare an annual report, to which, of Title 9 of Book 2 of the Civil Code, only…

36a Article 36a

The management board shall annually draw up a public housing report, from which every municipality or public body where the approved institution is…

37 Article 37

The authorised institution shall commission an audit of the annual accounts referred to in Article 35, the annual report referred to in Article 36…

38 Article 38

The approved institution shall, annually before 1 July, submit to the municipal executive of the municipality where it has its registered office, to…

39 Article 39

Our Minister, the tenants' organisations and the residents' committees are, in addition to those mentioned in Article 346 of Book 2 of the Civil…

Section 3

Activities

40 Article 40

Approved institutions, cooperative associations and, insofar as they are active in the field of public housing, other enterprises affiliated with…

41 Article 41

If the approved institution intends to construct or acquire immovable property or immovable or infrastructural appurtenances in a municipality in the…

41a Article 41a

If the admitted institution intends to be factually active in a municipality in the immediate vicinity of the Netherlands, it shall submit that…

41b Article 41b

By way of derogation from Article 41, it may be determined by or pursuant to an Order in Council that approved institutions and cooperative…

41c Article 41c

Following the application of Article 41b, the admitted institutions and the cooperative partnerships referred to in that article shall not commence…

41d Article 41d repealed
42 Article 42

The approved institution shall, through its activities, contribute reasonably to the implementation of the public housing programme of the…

43 Article 43

The approved institution shall draw up an overview of intended activities, from which the executive boards of the municipalities where it is…

44 Article 44

The approved institution shall annually, no later than 1 April, request a consultation with the executive boards of the municipalities where it is…

44a Article 44a

The approved institution shall, annually before 15 December following the date referred to in Article 44, paragraph 1, submit to Our Minister, to the…

44b Article 44b

The approved institution shall provide to the municipal executives (colleges van burgemeester en wethouders) of the municipalities where it is…

44bis Article 44bis

If the consultation referred to in Article 44, paragraph 1, does not lead to agreements on the implementation of the housing programme or the…

44d Article 44d

If an approved institution or partnership that holds land in perpetual leasehold (eeuwigdurende erfpacht) from the municipality wishes to change the…

45 Article 45

Approved institutions, the undertakings affiliated with them of which they are the sole provider of capital, and the cooperative companies shall…

45a Article 45a repealed
46 Article 46

The approved institution shall, subject to the provisions laid down by and pursuant to Articles 49a, paragraphs two and four, 50 and 50a, grant…

46a Article 46a

Articles 2 and 3 of the Good Landlordship Act (Wet goed verhuurderschap) apply mutatis mutandis to approved institutions and subsidiaries, with the…

47 Article 47

As services of general economic interest, subject to the provisions laid down by and pursuant to Articles 49a, paragraphs two and four, 50 and 50a…

47a Article 47a repealed
48 Article 48

Subject to the provisions laid down by or pursuant to Articles 49a, paragraphs two and four, 50 and 50a, the approved institution shall, with respect…

48a Article 48a

The provisions laid down by or pursuant to this paragraph shall only apply if and for as long as the approved institution does not apply Article 50a.

49 Article 49

The authorised institutions shall maintain such accounts that the registration of the assets and liabilities connected with the services of general…

49a Article 49a

The authorized institution shall not apply Article 49, paragraph 1, first sentence, and Article 25b, paragraph 1, of the Competition Act, or Article…

50 Article 50

Our Minister may, upon the petition of an approved institution, determine that activities as mentioned and referred to in the provisions of and…

50a Article 50a

In order to effect a legal separation, the authorised institution shall transfer its activities that do not pertain to services of general economic…

50b Article 50b

The authorised institution shall not effect a legal separation (juridische scheiding) until Our Minister has approved it. To this end, it shall…

50c Article 50c

Immediately following the effectuation of a legal demerger (juridische scheiding), the approved institution shall be the sole shareholder of the…

51 Article 51

The authorised institution shall allocate to:

52 Article 52 repealed
53 Article 53

An approved institution shall only enter into a merger as referred to in Article 309 of Book 2 of the Civil Code if it thereby acquires the assets of…

53a Article 53a

An independent body to be designated by Our Minister shall, by designating expert bodies for that purpose, ensure that at every admitted institution…

54 Article 54

The average rent of the dwellings of the approved institution on 1 January of the year following 1 January of any given year shall not exceed the…

54a Article 54a

By way of derogation from Article 246 of Book 7 of the Civil Code, the approved institution shall, before 1 June 2023, make a proposal to the tenant…

54b Article 54b

For the application of Article 54a, paragraphs one, two, three and six, income shall be understood to mean: the joint income data, as referred to in…

54c Article 54c

If, following the death of the tenant of a dwelling of an approved institution (toegelaten instelling), no person continues the lease pursuant to…

54d Article 54d

If there are no persons who continue the lease pursuant to Article 268, paragraph 1 or 2, upon the death of the tenant of a dwelling of an approved…

55 Article 55

The approved institution shall ensure a modest and efficient business operation.

55a Article 55a

The approved institution shall conduct its financial policy and management in such a manner that its financial continuity is not jeopardised.

55b Article 55b

The authorised institution shall draw up regulations regarding:

56 Article 56

By or pursuant to an Order in Council, regulations may be prescribed regarding the involvement of approved institutions in public housing outside the…

56a Article 56a

There is an Advisory Committee for necessary activities of approved institutions (toegelaten instellingen).

56b Article 56b

Our Minister may issue an instruction as referred to in Article 61d to an admitted institution, aimed at the continuation of the necessary activities…

Section 4

Restructuring, project support and guarantee provision

57 Article 57

Our Minister may, in accordance with regulations to be provided by or pursuant to an Order in Council, grant subsidies to admitted institutions.

58 Article 58

The subsidy, as referred to in Article 57, paragraph 1, shall be funded from the contributions referred to in the second paragraph.

59 Article 59

The guarantee facility shall advise Our Minister, at his request or of its own motion, regarding:

59a Article 59a

At the request of Our Minister, the management board of the guarantee facility shall provide him with information regarding its activities concerning…

59b Article 59b

The directors and the supervisory directors of the guarantee facility are fit and proper for the performance of their duties.

59c Article 59c

The management board of the guarantee facility shall establish policy rules regarding the provision of compensation as referred to in Article 1…

59d Article 59d

The manner in which the safeguarding body provides for compensation as referred to in Article 1, paragraph 1, definition of compensation, point (a)…

59e Article 59e

Our Minister may, in the interest of providing compensation as referred to in Article 1, paragraph 1, definition of compensation, part a, if the…

59f Article 59f

If the guarantee facility does not, or does not fully, comply with an instruction as referred to in Article 59e, paragraph 1, within the set period…

59g Article 59g

Our Minister may dismiss the entire supervisory board of the guarantee facility if, through an act or omission of the board, the guarantee facility…

Section 5

Supervision and administration (bewind)

60 Article 60

There is an Authority for Housing Associations (Autoriteit woningcorporaties), which falls under the responsibility of Our Minister.

61 Article 61

Supervision of the permitted institutions and the subsidiaries is entrusted to the authority.

61a Article 61a

The authority shall annually establish an annual work plan. The annual work plan requires the approval of Our Minister.

61b Article 61b

The authority shall exercise supervision independently of the development and implementation of national policy in the field of approved institutions…

61c Article 61c

The costs associated with the exercise of supervision and with the instructions given and measures taken pursuant to Article 48, paragraph 8, 61d up…

61d Article 61d

Our Minister may, in the interest of public housing, issue an instruction to an approved institution or a subsidiary to perform or refrain from one…

61e Article 61e

In an instruction as referred to in Article 61d, a time limit shall be set within which the permitted institution or the subsidiary must comply with…

61f Article 61f

A petition by Our Minister to an admitted institution or a subsidiary to follow a certain course of conduct, in which it is not indicated what…

61g Article 61g

In the interest of public housing, Our Minister may determine that an approved institution or a subsidiary shall only perform acts specified by him…

61h Article 61h

If an approved institution or a subsidiary causes serious damage to the interest of public housing, no improvement can reasonably be foreseen in that…

61i Article 61i

In a decision whereby an approved institution or a subsidiary is placed under administration, the court shall appoint one or more administrators and…

61j Article 61j

The administrators shall, to the exclusion of all others, exercise all powers of the bodies of the admitted institution or the subsidiary, unless the…

61k Article 61k

The members of the bodies of the approved institution or the subsidiary and the persons who perform activities for it shall provide all cooperation…

61l Article 61l

The administration shall terminate two years after the court ruling by which the approved institution or the subsidiary has been placed under…

61la Article 61la

The Netherlands Court of Audit is authorised, insofar as it deems this necessary for the performance of its duties, to examine all assets, records…

61lb Article 61lb

In cases to be determined by or pursuant to an Order in Council, Our Minister shall inform the supervisory boards of the admitted institutions and…

61lc Article 61lc

When taking a decision for which he is authorised by or pursuant to this Act, our Minister shall, in addition to the regulations applicable thereto…

Section 6

Declaration of generally binding effect of agreements with or between approved institutions

61m Article 61m

Our Minister may, if in his judgment it is in the interest of public housing, upon a reasoned application, declare an agreement between approved…

61n Article 61n

A petition for the application of Article 61m, paragraph 1, may only be submitted by at least two-thirds of the approved institutions, which…

61o Article 61o

Our Minister shall only take a decision to apply Article 61m, paragraph 1, if:

61p Article 61p

Our Minister may revoke a decision to apply Article 61m, paragraph 1, if:

61q Article 61q

Every admitted institution is bound to the performance of an agreement applicable to it that has been declared generally binding towards any other…

Section 7

Other provisions

61s Article 61s

The recommendation for a general administrative order to be established pursuant to Chapter IIIA or this Chapter shall not be made until four weeks…

61t Article 61t

If an urgent interest requires that regulations be issued with a view to compliance with decisions binding on the Netherlands of the Council of the…

61u Article 61u

By way of experiment, and with due observance of international legal obligations, it may be deviated from the provisions of Chapters IIIa and IV by…