More options for short term rental Bonaire

Graphics NOV & DEC

There has been a lot of commotion in Bonaire over the past year regarding the possibility of short-term rental of homes and the limitation thereof. Due to the growing interest in the housing market by investors, house prices have risen considerably in recent years, resulting in fewer affordable homes being available for the local population.

On December 19, 2024, the Court of First Instance of Bonaire, Sint Eustatius and Saba ruled that the short-term rental ban does not apply to stays other than for recreational purposes. In this article we discuss the regulations regarding short-term rental on Bonaire and the consequences this ruling has for investors and landlords.

Spatial Development Plan Bonaire 2010

In October 2010, the Spatial Development Plan was introduced in Bonaire. Based on this development plan, the areas in Bonaire have been divided into various destinations. Only in areas with the description 'Recreation-Residence recreation', 'Mixed-1', 'Mixed-VI' and 'Mixed-To be developed I' is it permitted to rent out houses or apartments for less than 3 months. In all other areas this is not permitted. Renting out houses for 3 months or longer is generally permitted on the entire island. If a house is located in another area, such as residential area 1, 2 or 3, the owner cannot apply for an exemption or permission to rent out the house for short stays. The Public Entity Bonaire (OLB) has implemented this in order to regulate tourist residence destinations to some extent.

Until recently, it seemed that the short-term rental ban applied to all residential areas other than the areas with the description 'Recreation-Residential recreation', 'Mixed-1', 'Mixed-VI' and 'Mixed-To be developed I'.

''In most neighborhoods on Bonaire it is not allowed to rent out homes for short periodsWhere this is permitted, is laid down in the Bonaire Spatial and Development Plan. Only in areas with the description 'Recreation-Residence recreation', 'Mixed-1', 'Mixed-VI' and 'Mixed-To be developed I' is it permitted to rent out houses or apartments for less than 3 months. In all other areas this is not permitted.'' [1], according to the OLB.

Judgment December 19, 2024

On December 19, 2024, a ruling by the Court of First Instance of Bonaire, Sint Eustatius and Saba showed that this ban is not absolute.[2] If it can be demonstrated that the short-term stay is not for recreational purposes but is, for example, work-related, short-term rental is indeed permitted.[3]

In this case, it concerned a home located in Residential Area-II. The owner regularly works for short periods in the hospital on Bonaire. She therefore stays in her home herself for two to three times a year. In order to keep the costs of the home manageable, the owner also rents the home for short periods to third parties, mainly to other doctors from the Netherlands who also work for short periods in the hospital on Bonaire.

The landlord had rented out her home to tourists in the period February to April 2024. In February 2024, inspectors from the Supervision and Enforcement Directorate carried out an inspection during which it was found that the claimant was acting in violation of the zoning plan pertaining to her home. In March 2024, the Supervision and Enforcement Directorate announced its intention to impose a penalty payment order, against which the claimant submitted her views. She stated that she would only rent out recreational accommodation in exceptional circumstances and for the medium term, but otherwise only to temporary workers in the hospital on Bonaire. The claimant immediately stated that, as long as it was not clear whether recreational accommodation rental was permitted, she would no longer rent out recreational accommodation. She requested the Supervision and Enforcement Directorate to allow the current tenants to serve out their term until mid-April 2024. The Supervision and Enforcement Directorate did not comply with this request and imposed a penalty payment order, after which the landlord initiated proceedings.

Article 53 of the Bonaire Spatial Development Plan contains the regulations pertaining to the Residential Area II designation. It states: ''the lands with the designation ''Residential area-II'' are intended for residential properties, other than apartment buildings.'' Although the term 'dwelling' is not defined in the development plan, the Court assumes that the legislator intended that the land with that designation should be used for residential purposes. The land with this designation is therefore not intended for residential recreation.

Residential recreational rental is not defined in the Spatial Development Plan. The Executive Council therefore sought to align itself with the definition of a recreational home in the Development Plan, being a home that is used for residential recreation for a period of at least nine months. The Executive Council then 'mirrored' residential recreational rental to this definition and deduced from this that rental of the home for longer than three months per year by definition constitutes residential recreational rental. The Court cannot agree with the OLB's explanation. In the opinion of the Court, residential recreational rental can only occur if a home is rented for a recreational purpose.

From the documents submitted by the landlord it follows that her next tenants will rent the house because of their work in the hospital. The Court therefore concludes that the rental of the landlord's house to fellow doctors does not conflict with the Spatial Development Plan because in those cases there is no question of residential recreational stay and rules in favour of the claimant.[4]

The significance of this statement for future rentals

The ruling of 19 December 2024 introduces important nuances in the rules regarding short-term rental on Bonaire. The short-term rental ban appears not to be as absolute as the OLB had in mind. When short-term rental takes place with a demonstrably non-recreational purpose, such as temporary work, it is in principle permitted, even if the rented property is located in areas where residential recreation is not permitted.

For property owners, this ruling currently offers greater opportunities to rent out real estate properties for both long and short terms within the framework of the law.

The laws and regulations regarding the purchase and rental of real estate are in full development in Bonaire. The Public Entity Bonaire has announced that it intends to propose new regulations with the Startnotie Huisvestingsverordening (Initial Note Housing Regulation) to make affordable housing more accessible to the local population. These new regulations include a permit system for the purchase of homes, requiring a resident of Bonaire for at least five years without interruption, and a self-occupancy requirement, which means that the home may not be rented out immediately or used as a second home. In order to ensure that the lease and agreements also comply with current laws and regulations, it is advisable to seek legal advice.

Our lawyers have extensive knowledge of real estate and tenancy law on the islands. Please feel free to contact us contact with us to discuss your situation.


[1] https://bonairegov.com/nieuwsoverzicht/artikel/olb-neemt-maatregelen-om-woningmarkt-te-verbeteren

[2] GiEA BES December 19, 2024, ECLI:NL:OGEABES:2024:110.

[3] GiEA BES December 19, 2024, ECLI:NL:OGEABES:2024:110 paragraph 8.7.

[4] GEA BES December 19, 2024, ECLI:NL:OGEABES:2024:110.

About the authors

Daniëlle van Voorst

Lawyer at Wildeman Legal & Mediation |  Read other blogs by this author

Didi Wildeman

Lawyer at Wildeman Legal & Mediation |  Read other blogs by this author
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