Declaration of consent to register a business or organisation at a residential address

Every business or organisation must have a visiting address and postal address in the Business Register. These addresses are usually the same.

The owner of a business, or the official of an organisation, must be physically accessible at the visiting address. The activities of the business or organisation must also take place at this address. The visiting address may not be a PO box.

Is the visiting or postal address different from the home address of an entrepreneur or official in the Personal Records Database? If so, the entrepreneur or official must prove that the business or organisation also uses that address.

Ownership, rental, or service contract

How you prove that you use an address depends on the situation. Does the entrepreneur or official own a home or business premises where they do not live themselves? In that case, you can demonstrate that the business or organisation uses this location with a proof of ownership from the Land Registry Office (Kadaster, in Dutch). Or with a purchase agreement.

An entrepreneur or official can also rent a location for their business or organisation. In that case, a copy of a rental contract can be used as proof. Or, if a business or organisation operates out of a multi-company building, a business agreement can be used as proof. This could be a rental or service contract, for example.

In special situations, the entrepreneur or official can use a letter of consent. Strict conditions apply to this.

Conditions for a declaration of consent

Do you not have a service, rental, or purchase contract to prove that a business or organisation is using an address? In some cases, a tenant or owner of a residential address can give permission by means of a declaration of consent. This says that a business or organisation can register in the Business Register at that address.

These are the conditions:

1. The address to be registered in the Business Register as a visiting address or postal address has a residential function. You can see this by looking up the address in the Key Register of Addresses and Buildings (in Dutch).
2. The business or organisation has no official agreement for the use of that residential address. For example, there is no service, rental, or purchase contract.
3. The type of activities carried out by the business must be allowed at the residential address.
4. The person signing the declaration of consent lives at the address, as can be seen in the Personal Records Database. Or they are the owner of the property, as can be seen at the Land Registry Office (Kadaster).

The tenant or owner of the residence gives permission to a business owner or an official to establish a business or organisation at the residential address, and to register it in the Business Register.

Examples

Below are 4 examples. Each example explains whether or not the declaration of consent can be used.

Example 1

Youssef lives in a rented room. In addition to his studies, he has a consultancy business. He works from his student room and his parents’ house. His parents own their home.

Youssef is registered in the Personal Records Database at the address of his student room. But he wants to register his business at his parents’ home address. Youssef does not have a rental contract with his parents and is not the owner of the house.

Youssef can be contacted at his parents’ home address and also works there for his business. That is why he can register his consultancy at this address, using a declaration of consent.

Example 2

Tomas is a freelance scaffolder from Poland. He commutes between his home address in Poland and his work at various locations in the Netherlands. When he is in the Netherlands, he sleeps in a hotel near his assignment. Tomas has no permanent residence in the Netherlands.

To register his sole proprietorship in the Business Register, Tomas needs a visiting address. Only persons who live in the border region with Belgium or Germany can use their foreign address as a visiting address.

The hotel address may not be registered as a visiting address in the Business Register. He may not use a letter of consent signed by the hotel either.

To have a visiting address, Tomas must rent or buy a residential or business property. Tomas must be physically accessible at that address.

Example 3

Mirthe is a freelancer who makes websites from her home. She lives with her parents in a rented house. Mirthe is not the owner of the house and does not have a rental contract. But she may still register her business at her home address.

She can be contacted at the address and works from home. She does not need a declaration of consent because she is registered at that address in the Personal Records Database.

Example 4

Andrej does freelance construction work and comes from Romania. He commutes between his home in Romania and the Netherlands. He never stays in the Netherlands for more than 4 months at a time. So, he does not have to register at his Dutch home address. Andrej does not want to anyway, because it would mean emigrating from Romania.

In the Netherlands, Andrej lives with other freelancers from Romania, in a house owned by his client. Andrej does not have a rental contract. His client deducts the cost of housing from his wages.

The client can, however, give Andrej permission to register in the Business Register using that residential address. In this example, the client is also the owner of the house. The owner does not have to live in the house to fill out a declaration of consent.

Risks for the person giving permission

Giving permission to a business can involve risks for a resident or owner of the home. The declaration can, for example, have consequences for benefits, a rental agreement, or insurance policies.

The declaration of consent cannot be withdrawn. Only the person who was given permission can change the visiting address in the Business Register. If the person giving permission moves or sells the home, the new resident or owner cannot revoke the permission either. This can lead to difficult situations.

If the business or organisation has financial problems, the Netherlands Tax Administration or a debt collection agency may visit the visiting address to demand payment. This can be unpleasant for the resident or owner.

Before giving permission, the resident or owner of the home is responsible for checking whether:

• it will impact benefits from the Tax Administration
• it will impact any social allowances or benefits
• it will impact insurance
• it is permitted according to the lease
• it is permitted according to the mortgage conditions
• it is permitted according to the municipality's environment plan

How to use the declaration of consent

The person giving permission can fill in the declaration of consent digitally and then print it. Or print it out first and then fill it in with a pen. The person giving consent must always sign the declaration with a pen (not a scan or copy).

If the person receiving consent (the entrepreneur or official) has an appointment with KVK to register a business or organisation in the Business Register, they must bring the completed and signed declaration of consent form. The entrepreneur or official must also bring a copy of a valid proof of identity of the person giving consent. Only the document number, name, date of birth, and signature should be visible on the copy. The passport photo must be made unrecognisable.

Is the business or organisation already registered in the Business Register and is the visiting or postal address changing? Then the entrepreneur or official can send a new declaration of consent to KVK, together with the change form. This can be done online via My KVK or by post.

The entrepreneur or official must also include a copy of a valid proof of identity of the person giving consent. Only the document number, name, date of birth, and signature may be visible on the copy.

What if the consenting party moves or sells their home?

Does the business or organisation have to move because the consenting party has moved or sold their home? If so, the entrepreneur or official must inform KVK of the new visiting address or postal address.

Depending on the situation, new evidence must be submitted to KVK showing that the business or organisation has permission to use the new address.

Download the declaration of consent form