Permissible and Non-Permissible Service Charges in Rotterdam

In Rotterdam, not all costs may be passed on to tenants as service charges, particularly in iconic districts such as Delfshaven or Kop van Zuid. Permissible items include cleaning of stairwells, lift maintenance in high-rise flats, insurance for communal areas such as inner gardens, and garden maintenance around complexes. Pursuant to Article 7:232 of the Dutch Civil Code (BW), these costs must be reasonable and actually incurred, with invoices serving as evidence. Non-permissible costs include replacement costs for major repairs (e.g., a new central heating boiler), expenses for the private dwelling itself (not shared areas), profit mark-ups, and charges for unused facilities such as a swimming pool in a vacant complex. The Supreme Court has confirmed that landlords may not recover self-incurred costs. In Rotterdam rental agreements, often managed by housing corporations such as Woonbron or Vestia, an exact description must be provided. In case of doubt: request a specification with invoices, supported by the Legal Counter Rotterdam (Juridisch Loket Rotterdam). Excessive charges may result in repayment through the subdistrict court in Rotterdam. Practical examples from the city highlight disputes over 'reservations' for future maintenance, such as in the iconic high-rise buildings along the River Maas; these are only permissible if contractually stipulated. Tenants' associations such as SPZ Rotterdam advise annual checks, particularly in owners' associations (VvE's) within complexes like the Maastoren. Be vigilant for double charging of advances in older districts such as Feijenoord. This helps avoid unnecessary expenses and maintains fair play in the Rotterdam rental market.