Many people dream of owning a little slice of paradise—a holiday home where they can escape the daily grind on weekends. It is an appealing prospect: your own place in nature, perhaps a rental income stream, and a tangible asset. Because of this, many buyers approach the purchase of a holiday home with the same mindset as buying a regular residential property.
However, this is a misconception that can lead to significant financial and legal headaches. Buying a home in a holiday park (vakantiepark) is legally distinct from buying a standard house. You are stepping into a complex web of ownership structures, park regulations, and strict zoning laws. One wrong move—such as assuming you can live there permanently or rent it out freely—can result in hefty fines or even forced eviction.
In this blog, we explain exactly what you need to look out for before you sign the contract, ensuring your dream investment doesn’t turn into a legal nightmare.
The Form of Ownership: What Are You Actually Buying?
When you buy a standard house, you usually acquire full ownership of the land and the bricks. In a holiday park, this is the exception rather than the rule. It is vital to understand the legal structure of your purchase to avoid surprises regarding your rights and costs.
Leasehold
In many Dutch holiday parks, you do not buy the land. Instead, you acquire a right of leasehold (erfpacht). This means the park operator retains ownership of the ground, and you purchase the right to use it for a specific period. You will typically pay an annual fee, known as the canon.
- Legal context: Under Article 5:85 of the Dutch Civil Code (Burgerlijk Wetboek), the leaseholder has the right to hold and use the immovable property of another. Be aware that leasehold contracts can have expiration dates and the canon can increase significantly over time.
Right of Superficies
This is a right that allows you to own the building (the holiday home) even though someone else (the park owner) owns the land beneath it. Without this right, legally speaking, the owner of the land would also own your house due to property law rules.
- Legal context: Defined in Article 5:101 of the Dutch Civil Code, this separates the ownership of the structure from the soil. While you own the bricks, your position is still dependent on the underlying agreement regarding the land.
Full Ownership
While rarer in holiday parks, some do offer full ownership where you buy both the plot of land and the holiday home. This provides the most security but often comes with a higher price tag. Even with full ownership, you are still subject to park rules and government zoning.
Key takeaway: Ensure you know exactly what you are buying. Read the title deed carefully and have it checked by a specialist to understand the long-term implications of leasehold or superficies rights.
Park Regulations and Usage Restrictions
Unlike a regular neighbourhood, a holiday park is a managed environment. When you buy a property there, you automatically agree to the park’s internal regulations (parkreglement). These rules can be surprisingly restrictive and are legally binding.
Rental Restrictions
Do not assume you can list your new property on Airbnb immediately. Some parks strictly prohibit renting out the property to third parties to maintain tranquillity. Others mandate that you must rent it out, but only through the park’s specific booking office (often involving a substantial commission fee). If you violate these rules, the park can impose severe fines.
Permanent Residence (Permanente Bewoning)
This is the most common legal pitfall. Most holiday parks are designated strictly for recreational use. Living there permanently is prohibited by both park rules and municipal zoning plans.
- Legal reality: Even if you see neighbours living there year-round, do not assume it is allowed. Municipalities are increasingly cracking down on this.
- Case Law: In a landmark ruling (ECLI:NL:HR:2019:1278), the Supreme Court confirmed that municipalities can enforce strict bans on permanent residence, leading to fines and forced vacation of the property.
Park Fees (Parkbijdragen)
You will be required to contribute to the maintenance of the park’s infrastructure—roads, lighting, playgrounds, and reception. These fees are mandatory and can rise annually. It is crucial to check the historical increases of these fees to forecast your future costs.
Practical tip: Always request the complete park regulations and have them reviewed by your lawyer before you make an offer.
The Role of the Zoning Plan (Bestemmingsplan)
The park rules are important, but the municipal zoning plan is supreme. In the Netherlands, the bestemmingsplan determines what a piece of land can be used for.
Most holiday parks have a “Recreation” (Recreatie) zoning designation, not “Residential” (Wonen). This means that, legally, you are not allowed to use the property as your main residence (Article 3.1 of the Spatial Planning Act – Wro).
Why does this matter? Because the municipality has the authority to enforce this. If you register the holiday home as your main address, or if an investigation reveals you are living there (based on water usage or commuting patterns), you risk an enforcement order.
Important Case Law:
Referring back to the Supreme Court ruling (ECLI:NL:HR:2019:1278), it was established that a buyer cannot hide behind ignorance. Even if you didn’t know about the zoning restriction, or if the seller claimed it was “fine,” the municipality is within its rights to evict you from permanent residency.
Key takeaway: The zoning plan overrides any verbal promises. Check the current status with the municipality immediately.
Common Mistakes and Misunderstandings
When buying a holiday home, anecdotal advice from friends or sellers can be dangerous. Here are three myths we often encounter at Law & More.
Myth 1: “If I live there long enough, I automatically gain the right to stay.”
False. There is no automatic “prescription” (verjaring) that legalises a violation of the zoning plan. You could live there for ten years without issue, but if the municipality decides to enforce the rules in year eleven, you have no legal leg to stand on.
Myth 2: “The seller said permanent living is no problem.”
False. Verbal promises are not legally binding in this context. Sellers and estate agents want to close the deal. They may not be aware of upcoming municipal crackdowns, or they may simply be misrepresenting the truth. Only written permission from the competent authority matters.
Myth 3: “The municipality has never enforced it, so it’s allowed.”
False. Past non-enforcement creates no rights for the future. Many Dutch municipalities are currently shifting from a “tolerance” policy to a strict “enforcement” policy regarding recreational parks.
Key takeaway: Never rely on verbal assurances or anecdotes. Demand written confirmation and let a lawyer review the facts.
Financial Considerations
The purchase price is just the tip of the iceberg. To determine if this is a sound investment, you must calculate the Total Cost of Ownership.
- Annual Costs: Beyond energy bills, factor in the leasehold canon (if applicable), mandatory park service fees, municipal taxes (tourist tax, property tax), and maintenance. Maintenance on holiday homes, often built with lighter materials, can be higher than on brick houses.
- Financing: Getting a mortgage for a holiday home is difficult. Dutch banks have stricter requirements, higher interest rates, and lower loan-to-value ratios for recreational properties. Some leasehold constructions are unfinanceable.
- Depreciation: Unlike regular housing, which generally appreciates, holiday homes can depreciate, especially if the park declines in popularity or the leasehold period shortens.
Practical tip: Create a realistic calculation of all running costs, not just the acquisition price.
Checklist: Before You Buy
To help you navigate this process, use this checklist before signing any purchase agreement.
Legal:
- Read and understood the title deed (Leasehold/Superficies/Ownership).
- Received and checked the full park regulations.
- Requested the zoning plan (bestemmingsplan) from the municipality.
- Checked local by-laws (verordeningen).
- Obtained written confirmation regarding permanent residence (if desired).
Financial:
- Mapped out all annual recurring costs.
- Investigated mortgage and financing options.
- Made a realistic estimate of rental income (if applicable).
Practical:
- Engaged a legal specialist/lawyer.
- Conducted a structural survey.
- Assessed the condition of park facilities and maintenance.
Key takeaway: Engaging a lawyer costs money, but it prevents mistakes that are infinitely more expensive.
Conclusion
Buying a holiday home (vakantiewoning kopen) involves unique legal complexities that differ significantly from regular real estate. The ownership structure, park rules, and municipal zoning plans all play a decisive role in what you can and cannot do with your property. Verbal promises are worthless in court; only written facts matter.
If you are considering purchasing a holiday home, do not leave it to chance. Let Law & More advise you. Our specialists in real estate law will review all documents with you, ensuring that you make a decision based on facts, not fiction. Contact us for a no-obligation consultation.
Frequently Asked Questions About Buying a Holiday Home
1. May I live permanently in my holiday home?
In most cases, no. Most holiday parks have a “recreation” designation in the zoning plan, which prohibits permanent residence. Municipalities are enforcing this increasingly strictly. Always check the zoning plan with the municipality before you buy. Even if other residents live there permanently, this does not mean you are allowed to—the municipality can start enforcing the rules at any time.
2. What is the difference between leasehold (erfpacht) and right of superficies (opstalrecht)?
With leasehold, you pay for the right to use the land; the land remains the property of the park operator. You usually pay an annual fee (canon). With a right of superficies, you own the building (the structure), but not the land beneath it. In both cases, you do not have full ownership. With full ownership, you own both the land and the home, but this is rare in holiday parks. The difference is vital for financing, resale value, and your rights as an owner.
3. Can I rent out my holiday home?
This depends on the park regulations. Some parks forbid rental entirely, others only allow rental via the park operator, and some have no restrictions. Note: even if rental is allowed, there may be rules regarding minimum rental periods, who you may rent to (e.g., no large groups), and whether commercial rental is permitted. Always request the full park regulations and have a lawyer check them.
4. What are park fees and how high are they?
Park fees are annual costs for the maintenance of the park and communal facilities such as swimming pools, playgrounds, roads, and landscaping. The amount varies greatly per park—from a few hundred to several thousand euros per year. These contributions are mandatory and are often separate from the leasehold canon. Always ask about the current park fee and how it has increased historically. Some parks increase these significantly every year.
5. Can I get a mortgage for a holiday home?
That depends on several factors. Not all banks provide mortgages for holiday homes, and the conditions are often stricter than for regular homes. Some banks apply higher interest rates or lower loan-to-value ratios. If there is leasehold or superficies (no full ownership), financing can be even more difficult. Check with multiple banks beforehand to see if financing is possible and under what conditions. Do not assume you will get the same conditions as a regular home loan.
6. What happens if I live permanently in my holiday home anyway?
The municipality can take enforcement action. This can start with warnings but can escalate to penalty payments (dwangsommen) and eventually forced eviction. The Supreme Court confirmed in 2019 (ECLI:NL:HR:2019:1278) that municipalities may strictly enforce regulations, even if you did not know about the ban. You cannot derive rights from the fact that the municipality did not enforce rules previously or that others live there permanently. Enforcement is becoming stricter due to housing shortages and illegal occupancy issues.
7. Can I change the park regulations later or opt out?
No, the park regulations are a binding part of your purchase agreement. You agree to them upon purchase. The regulations can only be changed if the park operator does so, often with the agreement of a certain percentage of owners. As an individual owner, you cannot decide to ignore the regulations. Violations can lead to fines or even the termination of your usage rights. Read the regulations very carefully before signing.
8. Are there tax benefits to buying a holiday home?
Generally, no. A holiday home is usually seen as a second home for tax purposes and falls into “Box 3” (assets/savings). You pay tax on the deemed return on assets. If you rent the home out commercially, the income may fall into Box 1 (income from work and home) or Box 3, depending on the intensity of the rental activity. There is no mortgage interest deduction as there is for your primary residence. Always seek tax advice before buying.
9. What should I check in the zoning plan (bestemmingsplan)?
Request the current zoning plan for the specific plot from the municipality. Pay specific attention to:
- The designation (recreation, residential, mixed?).
- Whether permanent residence is permitted.
- Any building restrictions (can you extend/renovate?).
- Future plans (is the zoning going to change?).
Ask also about any exemptions or deviations granted. A zoning plan is legally binding and overrides verbal promises from sellers or estate agents.
10. Can I renovate or extend my holiday home later?
This depends on three factors: (1) the municipal zoning plan, (2) the park regulations, and (3) the form of ownership. With leasehold or superficies, you often need permission from the park operator. The park regulations may have strict rules about architectural style, maximum surface area, and types of renovations. The municipality must also grant an environmental permit if the renovation requires one. Do not assume you can build freely—check all three aspects beforehand.
11. What happens if the holiday park goes bankrupt?
This depends heavily on the ownership structure. If you fully own the land and home, you remain the owner even if the operator goes bankrupt. With leasehold or superficies, the situation is more complex—your rights remain, but a curator might try to terminate the lease or change conditions. In practice, parks are often taken over by another operator after bankruptcy. However, it is wise to include clauses in the contract protecting you in case of bankruptcy and to check if the operator is financially healthy.
12. Do I need to use a notary for the purchase?
Yes, just as with regular homes, a notarial transfer is mandatory in the Netherlands. The notary checks the transfer of ownership, ensures registration in the land registry (Kadaster), and checks for mortgages or attachments on the property. However, the notary does not automatically check if the park regulations are reasonable or if permanent residence is allowed—you must look into that yourself (or via a lawyer). The notary acts neutrally and primarily protects the legal process, not automatically your specific interests.
13. Can I easily sell the holiday home later?
The liquidity of holiday homes is generally lower than regular homes. The market is smaller because:
- Not everyone wants or can finance a holiday home.
- Restrictions on use (no permanent living, rental restrictions) deter buyers.
- Leasehold or superficies makes financing harder.
- High park fees can be a deterrent.
Expect sales to take longer and that you may receive less than you paid, especially if the property has depreciated. View a holiday home primarily as a usage object, not an investment.
14. What is the difference between a recreational home and a second home?
A recreational home (recreatiewoning) is specifically intended for recreational use and stands on land with a recreation zoning. Permanent residence is not allowed. A second home is a regular house (with residential zoning) that you use as a second house. With a second home, you may live there permanently, but you pay taxes in Box 3 because it is not your main residence. Legally, you cannot use a recreational home as a “second home” for permanent living purposes, even if it physically looks like a normal house.
15. Are there hidden costs I should watch out for?
Yes, several:
- Leasehold canon (annual, can be indexed).
- Park fees (annual, can rise steeply).
- Utilities (sometimes via the park, often more expensive than regular rates).
- Municipal taxes (property tax, waste levy, sewage levy).
- Mandatory insurance (building insurance is often required).
- Maintenance costs (often higher due to location/construction).
- Reserves for major maintenance (roof, facade, etc.).
- Contributions to communal facilities.
Ask the seller for an overview of all costs from the last 3 years and calculate for increases.
16. Am I entitled to a financing condition clause?
Yes, just as with regular homes, you can draft a purchase contract with a resolutive condition for financing. This is even more important with holiday homes because financing can be trickier. Ensure the condition is formulated broadly enough and gives sufficient time. Some sellers dislike this condition for holiday homes—be extra careful and ensure you have financing arranged before signing if they refuse it.
17. Can I register the home as my main residence with the municipality?
You can try, but if the zoning plan prohibits permanent residence, registration as a main residence has no legal validity regarding your right to stay. The municipality may refuse your registration or register you and then commence enforcement action for illegal occupancy. The fact that you are registered somewhere does not mean you are legally allowed to live there permanently—always check the zoning plan.
18. What must be in the purchase contract?
Besides standard elements, pay specific attention to:
- Exact description of ownership form (leasehold/superficies/ownership).
- Reference to and inclusion of the park regulations.
- Amount and indexation of leasehold canon (if applicable).
- Amount of park fees and historical increases.
- Any debts to the park or Owners’ Association.
- Guarantees regarding permitted use (residence, rental).
- Resolutive condition for financing.
- Structural survey condition if applicable.
- Any inventory included in the sale.
Always have the contract checked by a specialised lawyer.
19. Are there special rules for foreign buyers?
The purchase procedure is largely the same for residents and non-residents. However, there are points to note:
- Tax: As a non-resident, you still pay asset tax on the Dutch holiday home.
- Financing: Dutch banks are more reticent with mortgages for non-residents.
- Language: Ensure translations of important documents.
- Representation: Consider a Dutch lawyer/representative.
EU citizens have the same rights as Dutch citizens. Non-EU citizens can almost always buy too, but check for specific restrictions.
20. When should I engage a lawyer?
Preferably before you sign the purchase contract. A lawyer can:
- Assess the park regulations for unreasonable clauses.
- Check the zoning plan.
- Analyze the title deed (leasehold/superficies conditions).
- Draft or review the purchase contract.
- Negotiate better terms.
- Warn of risks you might not see.
The cost of a lawyer (often €1,500-€3,000) is minimal compared to the risks of a wrong purchase. View it as an insurance policy protecting you from much more expensive problems.
