Frequently asked questions about ‘snippergroen’

In principle, municipal land is intended for general facilities which all residents of the municipality can use. For example, roads and streets, or public green spaces. In the Snippergroen project, we define municipal land as: strips of land owned by the municipality that serve a limited purpose and directly border a residential plot. These strips of land, for example, are not significant in terms of traffic flow or the streetscape. These strips of land may be eligible for sale.

The fixed sales price of €100/m2 applies to strips of land up to and including a surface area of 50 m2. Strips larger than 50 m2 are no longer residual strips in terms of surface area and will be valued on a case-by-case basis by an independent appraiser.

Additional costs

In addition to the purchase price, you will pay buyer's costs. This means that the 10.4% transfer tax on the purchase price and the notary and Land Registry fees will be at your expense.

In addition, an adjustment in the public space may need to be made due to the sale of a piece of land. An example is moving a light pole. We charge the cost of this adjustment to the buyer of the land.

‘Costs payable by the buyer’ means that the 2% transfer tax on the purchase price (number of m² × € land price per m²), the notary’s fees and the Land Registry fees are payable by the buyer.

The selling prices have been set by the Municipal Executive. It is not possible to deviate from these prices.

Please complete the application form available on our website and send it to us. We will assess whether you are eligible to purchase the desired strip of municipal land.

Once we have received your application, we will assess whether we can sell the strip of municipal land to you. We will assess the application against the criteria set out in the policy (2016 Review of the Public Green Space Allocation Policy). In doing so, we will consider, amongst other things, the green infrastructure in your neighbourhood, safety (including road safety), potential future developments, logical and straight cadastral boundaries, and the presence of cables and/or pipes. If it transpires that there are no obstacles, you will be able to purchase the land. We will then send you a sales proposal. The notary will subsequently formalise the sale by executing the deed of sale. If you are unable to purchase the land, we will inform you of the reasons why.

If not all residents of the block wish to purchase the municipal land, this does not mean that no one from the block can purchase it. We aim for a straight and logical cadastral boundary, but this is not a strict requirement. We consider each situation on a case-by-case basis.

The land is sold in its current condition at the time of purchase.

As a tenant, you cannot buy land from the local authority. New tenancy agreements are no longer being entered into.

The local authority wishes to update existing (tenancy) agreements. We will do this by:

• To offer the land for sale at a reduced price. In the past, several tenants have indicated to the council that they wish to purchase the small patch of green space they are currently renting. At the time, a sale was not possible under the rules in force. For some of these tenants, however, a purchase is now possible. The council considers it reasonable to compensate these tenants for part of their rent. Therefore, a discount of €1 per m² will be applied for each year of the
  applied throughout the term of the tenancy agreement, with a maximum discount of €10 per m² on the sale price.
• If you are not interested in purchasing the land, the existing
  The tenancy agreement remains in force. However, the new policy stipulates that the rent will be increased over a period of five years to €10 per m² per year, with a minimum rent of €250 per year.
  • The increase is as follows:
    1 January Price per m² Minimum annual price
    2018 € 2,- € 50,-
    2019 € 4,- € 100,-
    2020 € 6,- € 150,-
    2021 € 8,- € 200,-
    2022 € 10,- € 250,-
    For residents of social housing who rent a small plot of residual green space, the old rent of €0.98 per m² will remain in force until an agreement has been reached with the housing associations. The council is working to reach agreements with the housing associations regarding a possible transfer of leased small plots of green space. You will be informed of your individual situation by letter.

If you are not interested in purchasing the council land and the right of acquisition has not lapsed, you must make the land available to the council again. The land must be handed over to the council in a clear state (free of paving, planting, etc.). We will then develop the land as a public green space.

The Land Registry collects data on all land in the Netherlands. It uses this data to produce what are known as cadastral maps. By comparing the cadastral maps with a recent aerial photograph, it has been established that you are using municipal land.

Municipal land is and remains the property of the local authority. Any poor maintenance is unrelated to the reclamation or possible sale of this land. If you have any complaints about poor maintenance, you can report them here. Poor maintenance is not a reason to extend your garden onto municipal land without permission.

Property rights in the Netherlands are well protected. This means that ownership of the
Municipal land does not simply pass from the local authority to the resident. To successfully invoke the statute of limitations, you must provide evidence showing that you have been in possession of this municipal land for at least twenty years in a continuous, uninterrupted, undisturbed, public and unambiguous manner. There must be an impenetrable boundary (hedge/fence) separating the plot of land from the municipality’s property, thereby making the plot inaccessible to third parties. The legal principle that applies here is: ‘He who alleges must prove’. In this case, you are claiming that the land has been acquired by prescription, so you must also prove this. The burden of proof lies with you. The local authority will then assess the evidence provided and determine whether the claim of prescription is successful.

This is a matter between you and the seller. The local authority is not involved in this. The local authority is assessing the current situation and has established that, as the current occupant of this property, you are using land owned by the local authority.

In principle, this is not possible. We do not consider it advisable for residents to purchase land that does not directly border their own plot. All situations are assessed on a case-by-case basis. If several residents border a strip of municipal land, we will contact all of them.

The development options arising from the purchase of land depend on the land use designation attached to the land. Land put up for sale is often designated as ‘green space’ or ‘transport’. Under the environmental plan, development of this land is therefore often not permitted. Development is only possible following an amendment to the environmental plan. If you have purchased a green space, the zoning designation does not change immediately. Formally, therefore, the purchase of residual green space does not lead to an increase in development potential. If you wish to build on the land you have purchased, or have the area included in the calculation of the percentage building coverage, an amendment to the environmental plan must be made or an exemption procedure must be carried out. The land use designation will only change during the regular review of the environmental plan. If you wish to change the land use designation in the short term, you may do so at your own expense.

You can contact the Snippergroen project team at Apeldoorn City Council on 14055. You can also send an email to snippergroen@apeldoorn.nl.