Exceptions to the 70% Financing Obligation in Rotterdam
Discover the exceptions to the 70% rule for block-wise renovations in Rotterdam, such as voluntary consent or government regulations, and how tenants can challenge this via the Rent Tribunal.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, where large-scale renovations in neighbourhoods such as Charlois and Feijenoord are common, the block-wise renovation 70% rule offers various exceptions for landlords. Pursuant to Article 7:230a of the Dutch Civil Code (BW), a deviation may be made if tenants voluntarily consent to a different cost distribution via a majority decision. In cases of compulsory renovations due to monument status – think of historical buildings in Delfshaven – or stricter Rotterdam government regulations against climate adaptation and energy transition, the 70% threshold does not always apply. The municipality of Rotterdam encourages sustainability through subsidies, which can accelerate renovation plans. Tenants in housing association properties, such as those of Woonbron or Vestia, must be vigilant against improper use, such as splitting works to circumvent the rule. Courts, including the Council of State in cases involving Rotterdam complexes, have ruled that related renovations must be considered as a single whole. As a Rotterdam tenant, you can lodge an objection with the Rent Tribunal (Huurcommissie) if the landlord misuses the exception. Take action within two months of becoming aware of the plans. In case of violation, you can demand rent reduction or compensation for damages. Additional protection applies to housing associations due to municipal subsidy conditions. Consult a local tenancy law attorney, specialised in Rotterdam tenancy matters, for tailored advice. (248 words)