Permissible Service Charges According to Rental Legislation in Rotterdam
Which service charges are legally permitted in Rotterdam? Explanation of permitted and prohibited items with reference to the Rental Act, Rental Committee standards, and local context such as Delfshaven and Kop van Zuid.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, not all costs may be passed on as service charges to tenants in the city, especially not in iconic neighbourhoods such as Delfshaven, Kralingen or Kop van Zuid. According to the Rental Act (Article 7:257 of the Dutch Civil Code), these costs must be reasonable and market-conform, taking into account the local real estate market around the Maas. Permitted are advances for cleaning of harbour sites, lift maintenance in high-rise flats near the Willemsbrug, and garden maintenance in green complexes such as in Hillegersberg. Prohibited remain income-replacement items such as vacancies or non-payment, which is particularly relevant in Rotterdam's harbour areas due to fluctuating rental markets. Energy costs for common areas in portico dwellings are permitted, but individual meters are not. Insurance premiums only if they specifically apply to the Rotterdam landlord, taking into account risks such as dyke reinforcement. Management costs may constitute a maximum of 15-20% of the total service charges, depending on the size of complexes in Rotterdam-South. The settlement must be detailed per category with invoices, in accordance with the requirements of the Rental Committee. Tenants do not bear costs for structural maintenance that falls under major repairs, such as in historical buildings in the Oude Westen. Check the allocation of costs in proportion to surface area or consumption, fitting the diversity of housing types in Rotterdam. In case of excess of the advance, the law requires repayment within six weeks. Unlawful pass-through may lead to rent reduction via the Rotterdam Rent Team or Rental Committee. This assesses against industry agreements, including local pilots for affordable rent in the city. Always check the tenancy agreement: which costs are explicitly agreed for your Rotterdam property? This way you prevent disputes with housing associations such as Woonbron or Havensteder and only pay what is lawful. (248 words)