What counts as renovation under Dutch law
The reasonable proposal, and when you must cooperate
Renovation while the tenancy continues runs through the reasonable proposal of art. 7:220 lid 2 BW. The landlord puts the plan to you in writing; if the proposal is reasonable you must cooperate, and if it is not you may refuse. There is no statutory notice period for the proposal itself, which surprises many tenants, but the absence of a deadline cuts both ways: the landlord cannot start work on the strength of a letter you have not agreed to.A proposal is judged on its content, and a serious one sets out what the work involves, why your cooperation is needed, how long it will take, what it will cost the landlord, what rent increase is proposed, and what happens to you while the work is going on. A proposal that names a rent increase without showing the investment behind it is hard to assess and, for that reason alone, hard to call reasonable. The obligasyon pwopriyetè a that apply during your tenancy do not disappear during a renovation; the property must stay habitable and your quiet enjoyment must be respected as far as the work allows.Complexes are treated differently. Where the renovation concerns a building or block of at least ten dwellings or business units that form a unit, art. 7:220 lid 3 BW presumes the proposal reasonable once at least seventy per cent of the tenants have agreed to it. If you are in the minority, you are not bound automatically: you may apply to the subdistrict court for a ruling that the proposal is nevertheless unreasonable, and you must do so within eight weeks of the landlord notifying you in writing that the seventy per cent threshold has been reached. Miss that window and the proposal stands against you. It is the single hardest deadline in this area of law.When the landlord has to end the tenancy instead
Renovation by itself does not end a tenancy. Art. 7:220 lid 4 BW says so expressly, and it matters: a landlord cannot present demolition or a gut refurbishment as a reason why your lease has simply expired. If the work genuinely cannot be carried out with the tenancy in place, the landlord must terminate the agreement, and for a dwelling that means using the statutory grounds.The ground is urgent own use under art. 7:274 lid 1 sub c BW, and art. 7:274 lid 3 sub a BW confirms that renovation which cannot be realised without ending the lease counts as such use. You are free to refuse the notice. The landlord then has to go to the subdistrict court, which will only terminate the tenancy if the urgency is made out, if suitable alternative housing is available to you, and after weighing both sides. The court also sets a date by which you must leave and can award a contribution to your removal costs. This is a real hurdle, not a formality, and it is why most landlords prefer the reasonable proposal route. If it does come to that, the pwosesis degèpisman ak nan rules on terminating an indefinite agreement are worth reading before you respond.The practical point to hold on to: refusing a rent increase is not the same as refusing the works. A court asked to terminate your tenancy looks at whether you are obstructing the renovation itself. Object to the money in writing, cooperate with the builders, and you keep the two questions apart.Moving out during the works, and the relocation allowance
How much extra rent a renovation can justify
The answer depends entirely on which segment your home falls into, and this is where the older guidance circulating online tends to mislead.In the regulated and mid-market segments the rent is capped by the housing valuation system (stelsel woningwaarderings, WWS), which scores a dwelling on floor area, the official WOZ value, facilities, energy label, outdoor space and other features. Improvements add points, points raise the maximum reasonable rent, and the landlord may propose an increase on that basis under art. 7:255 BW. Two limits bite. The new rent may never exceed the maximum that the points allow, so a landlord who is already charging the maximum gains nothing from the work. And the increase is calculated from the actual investment: the Huurcommissie applies a policy guide that assigns each type of work an assumed economic lifespan, divides the investment by that lifespan in months, and deducts any subsidy or grant the landlord received. Subsidised insulation therefore supports a much smaller increase than the invoice suggests.In the liberalised segment the WWS does not cap the rent and the Huurcommissie has no say over the level. What governs instead is your kontra. If the agreement contains an indexation clause, the landlord is bound by it; if it contains a clause allowing an extra increase after improvements, that clause is the basis and its wording decides the ceiling. A landlord with no contractual basis needs your agreement, and failing that must ask the subdistrict court. For a fuller treatment of the annual mechanism see our article on the rent increase in the Netherlands.Which segment your home is in, and why it changed in 2024
Since 1 July 2024 the Wet betaalbare huur has divided the Mache lokasyon Olandè a into three segments rather than two, and the boundary runs through the WWS score. Up to and including 143 points a self-contained dwelling is regulated social housing. From 144 up to and including 186 points it falls in the mid-market segment, which was liberalised before that date and is now rent-controlled as well. From 187 points it is liberalised, and the rent is what the parties agree.The practical consequences are considerable. In the two controlled segments the rent may not exceed the maximum the points allow, and a tenant who thinks the starting rent is too high can ask the Huurcommissie to test it within six months of the start of the tenancy under art. 7:249 BW. Landlords letting a controlled dwelling must state the point count and the corresponding maximum rent when the agreement is entered into. The point boundaries and the maximum rents attached to them are laid down in the Besluit huurprijzen woonruimte and indexed each year; the Huurcommissie publishes a calculation tool that applies the rules in force, and that tool, not a figure in an article, is what you should rely on.The second change of that summer is easy to miss. The Wet vaste huurcontracten, also in force from 1 July 2024, made the indefinite tenancy the norm again for dwellings: fixed-term lettings are now the exception, allowed only in the cases the law lists. Guidance that says a landlord can simply let a two-year contract lapse in order to renovate between tenancies describes the pre-2024 position and no longer holds for most residential lettings. Commercial premises are a different regime altogether, as our comparison of commercial tenancy and real estate rules and our piece on the impact of commercial tenancy law on businesses mete deyò.The annual rent increase, and the deadlines that decide it
Alongside any renovation increase there is the ordinary annual increase, and the two are often proposed in the same letter. Keep them separate, because they follow different rules.The rent may be raised once in any twelve-month period. Art. 7:252 BW requires the landlord to make the proposal in writing at least two months before the date on which the new rent is to take effect, and to state the current rent, the proposed rent, the date of commencement and how you can object. A proposal that is late or that omits those particulars is defective and can be resisted on that ground alone. For controlled dwellings the maximum percentage is fixed each year by ministerial regulation and differs by segment; for liberalised dwellings the ceiling comes from the contract, subject to a statutory cap on annual increases that the legislature has extended for the middle and higher segments. Look up the percentage that applies to your segment in the year in question rather than assuming last year’s figure still stands.If you do not agree, say so in writing before the proposed commencement date. Silence is not neutral: an unopposed proposal takes effect. If you object, the landlord who wants the increase must apply to the Huurcommissie, and art. 7:253 BW allows three months from the proposed commencement date to do so. For an increase after improvement the same three-month window applies, running from the date the proposed new rent was to take effect. Whichever party is dissatisfied with the Huurcommissie’s decision has eight weeks from the date the decision is sent to bring the matter before the subdistrict court under art. 7:262 BW; if neither does, the parties are deemed to have agreed what the Huurcommissie decided.Where to object: Huurcommissie or subdistrict court
Choosing the wrong forum wastes months, so it is worth being precise. The Huurcommissie rules on the rent level of controlled dwellings: the starting rent, the annual increase, an increase after improvement, service charges, and a rent reduction for defects. It cannot rule on the level of a liberalised rent, and it does not decide whether a renovation proposal as such is reasonable. That question belongs to the subdistrict court, which is also the forum for any dispute about a liberalised rent, about an indexation clause, and about termination of the tenancy.The Huurcommissie procedure is deliberately accessible. You file a request with the tenancy agreement, the landlord’s letter and your evidence; the fee is modest and is refunded to the party that succeeds. The decision binds both parties unless one of them takes it to the subdistrict court within the eight-week period. Free first-line advice is available from the Juridisch Loket, and a tenancy lawyer is worth instructing once the amounts or the works become substantial. If a case does reach the court and goes against you, our note on kijan pou fè apèl kont yon desizyon explains what follows.One live issue deserves a flag. Many liberalised tenancy agreements contain a clause allowing the rent to rise by inflation plus a fixed extra percentage. A series of Dutch courts has held that such a clause can be an unfair term under EU consumer law where the tenant is a consumer, with the consequence that the whole clause falls away rather than being reduced to the inflation element. The case law is still developing and the outcome turns on the wording used, but it is a serious argument and it is being run successfully. If your agreement contains a clause of that kind, have it read against the rules on kondisyon kontra enjis before you pay the increase.Building the file before you object
Disputes of this kind are won on documents. Keep the tenancy agreement and every annex, the landlord’s renovation proposal and the specification behind it, the rent increase letters with the dates you received them, your written objections, and proof of what you have paid. Ask the landlord for an itemised statement of the investment and for evidence of any subsidy: you are entitled to test the calculation, and a landlord who will not produce the figures weakens their own case.Photograph the property before the work starts and while it is going on, and note the dates on which work began, stopped and finished. If the disruption goes beyond what was proposed, that record is what supports a claim for a rent reduction. The general points in our guide to navigating Dutch tenancy law apply here too, and knowing what a tenant may demand keeps the correspondence short.Renting as an expat or a posted worker
Nationality makes no difference to any of the above. The protections in Book 7 of the Civil Code are mandatory law and cannot be contracted away, whatever language the agreement is in and whatever it says about the tenant accepting future increases. An English translation is convenient, but where the Dutch and English versions differ it is the Dutch text that will be construed, so have both read before signing.Two situations do call for extra care. Where the accommodation is arranged through an employer or an agency, establish who owns the property and who is your landlord, because the party sending the invoices is not always the party with the obligations. And where housing and employment sit in the same contract, ending the job can affect the right to stay; that is a different regime from an ordinary residential tenancy and should be checked before, not after, a renovation is announced. The annual increase rules apply in the same way once you know which segment the dwelling is in.Ki sa ki Law and More ka fè
Our tenancy and avoka byen imobilye assess renovation proposals, test whether a proposed increase is supported by the investment and the points, conduct proceedings before the Huurcommissie and the subdistrict court, and advise landlords on getting the procedure right the first time. If you have received a proposal or an increase and are not sure whether it is sound, send us the letter and the tenancy agreement and we will tell you where you stand.Kesyon yo poze souvan
Landlords must follow strict legal procedures when increasing rent after renovations, and tenants have clear rights to challenge those increases through official channels. The size of any increase depends on the actual costs, the lifespan of the improvements, and whether the property is regulated or liberalised.Ki limit legal yo pou ogmantasyon lwaye apre yon renovasyon nan Peyi Ba yo?
Yo kalkile ogmantasyon lwaye a lè yo divize envestisman pwopriyetè a pa kantite mwa nan dire lavi ekonomik amelyorasyon an. Komisyon Lokasyon an pibliye yon gid règleman ki lis travay renovasyon espesifik ak dire lavi mwayèn yo sipoze.
Se sèlman depans reyèl yo ki konte nan kalkil la. Si pwopriyetè w la te resevwa sibvansyon oswa sibvansyon pou mezi dirabilite yo, yo dwe dedwi sa yo nan envestisman total la anvan yo kalkile ogmantasyon lwaye mansyèl la.
Pou pwopriyete ki pa liberalize yo, nouvo lwaye a pa ka depase lwaye debaz maksimòm nan (kale huur) menm apre renovasyon yo. Plafon sa a bay yon pwoteksyon enpòtan pou lokatè nan lojman reglemante yo.
Konbyen tan yon pwopriyetè dwe bay anvan li ogmante lwaye akòz renovasyon?
Pwopriyetè w la dwe prezante w yon pwopozisyon renovasyon rezonab anvan li kòmanse nenpòt travay. Pwopozisyon sa a dwe gen ladan l nati travay ki prevwa yo, konsekans finansye yo pou pwopriyetè a, ak ogmantasyon lwaye ki pwopoze a.
Lalwa a pa presize yon peryòd avi egzak pou pwopozisyon an li menm. Sepandan, pwopriyetè w la pa ka tou senpleman enpoze chanjman oswa kòmanse travay san konsantman w anvan.
If you and your landlord reach an agreement, the new rent takes effect according to your agreed terms. If you disagree, an application to the Rental Commission must be made within three months of the date on which the proposed new rent was to take effect.
Dapre lalwa Olandè a, kisa ki kalifye kòm yon renovasyon enpòtan ki jistifye yon ogmantasyon lwaye?
Atik 7:220(2) nan Kòd Sivil Olandè a defini renovasyon kòm "demolisyon ak nouvo konstriksyon ranplasman, oswa renovasyon pasyèl pa modifikasyon oswa adisyon nan konstriksyon ki deja egziste." Travay la dwe lakòz yon amelyorasyon nan jwisans lavi ou.
Mezi dirabilite yo ka kalifye kòm renovasyon si yo satisfè definisyon sa a. Pa egzanp, yo ka izole pwopriyete a, enstale vitraj ki efikas anpil, oswa enstale yon ponp chalè.
Se pa tout reparasyon oswa travay antretyen ki konte kòm yon renovasyon. Pwopriyetè w la pa ka ogmante lwaye a pou antretyen woutin oswa ti reparasyon ki tou senpleman kenbe pwopriyete a nan kondisyon li ye a.
Èske lokatè yo gen dwa jwenn konpansasyon si renovasyon yo deranje kondisyon lavi yo anpil?
Si renovasyon an egzije pou ou demenaje tanporèman, pwopozisyon pwopriyetè a dwe adrese yon lòt lojman tanporè. Pwopriyetè a dwe presize tou alokasyon demenajman y ap peye w la.
Rezonabilite pwopozisyon renovasyon an gen ladan l konsiderasyon kijan travay yo afekte w. Yon tribinal oswa yon Komisyon Lokasyon ap evalye si pwopriyetè a te byen adrese pwoblèm sa yo lè l ap evalye pwopozisyon an.
Ou pa otomatikman gen dwa pou jwenn konpansasyon pou chak deranjman. Faktè kle a se si deranjman an tèlman enpòtan ke li vin nesesè pou yon demenajman tanporè.
Ki pwosedi pwopriyetè yo dwe swiv pou yo ka ogmante lwaye lejitim apre renovasyon an?
Pwopriyetè w la dwe premye jwenn konsantman w anvan li fè nenpòt chanjman nan pwopriyete lwe a. Yo pa ka fè chanjman poukont yo.
Pwopozisyon renovasyon an dwe rezonab epi kouvri kesyon espesifik. Sa yo enkli nati travay yo, poukisa koperasyon ou nesesè, konsekans finansye pou pwopriyetè a, ak ogmantasyon lwaye ki pwopoze a.
Si ou refize pwopozisyon an, pwopriyetè a ka fè yon demann nan tribinal soudistri a pou evalye si li rezonab. Pou pwopriyete liberalize yo, pwopriyetè yo dwe ale dirèkteman nan tribinal soudistri a.
Pou pwopriyete ki pa liberalize yo, pwopriyetè yo ka aplike nan Komisyon Lokasyon an pito.
Èske yon lokatè ka konteste yon ogmantasyon lwaye epi, si se wi, kijan pwosesis sa a jere legalman nan Peyi Ba yo?
Ou gen dwa refize pwopozisyon renovasyon pwopriyetè w la si ou kwè li pa rezonab. Pwopriyetè w la pa ka kontinye san konsantman w oswa yon desizyon tribinal an favè l.
Si pa gen okenn akò ki rive jwenn, swa ou menm oswa pwopriyetè w la ka ale nan Komisyon Lokasyon an oswa tribinal sou-distri a. Òganizasyon ki apwopriye a depann de si pwopriyete w la liberalize oswa non-liberalize.
Komisyon Lokasyon an oswa tribinal la ap detèmine si ogmantasyon lwaye a jistifye epi kalkile montan ki apwopriye a. Yo konsidere depans pwopriyetè a ak dire lavi ekonomik amelyorasyon yo lè y ap pran desizyon sa a.
Si tribinal la jwenn pwopozisyon an rezonab men ou toujou refize kolabore ak travay yo menm (pa sèlman ogmantasyon lwaye a), pwopriyetè kay la ka mete fen nan kontra lokasyon an dapre Atik 7:274(1) nan Kòd Sivil Olandè a.
