Permitted and Non-Permitted Service Charges in Delft
Which service charges may the landlord pass on in Delft? Discover permitted and prohibited items according to Article 7:232 of the Dutch Civil Code, with local tips for TU students and VvE complexes.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Delft, not all costs may be passed on to tenants as service charges, especially not in the characteristic historic buildings and modern student complexes around TU Delft. Permitted items include cleaning of common hallways, lift maintenance in high-rise buildings on Phoenixstraat, insurance for shared spaces, and garden maintenance in inner gardens near the Markt. According to Article 7:232 of the Dutch Civil Code (BW), these costs must be reasonable and actually incurred, with invoices as proof. Non-permitted costs include replacement costs for major repairs such as a new central heating boiler in a monumental building, maintenance of the private dwelling (not VvE parts), profit margins, and charges for unused facilities such as an empty bicycle shed. The Supreme Court has confirmed that landlords may not pass on costs they have borne themselves. In Delft rental agreements, often with private landlords or housing associations such as Vestia, there is usually an exact description; check this with the Delft Rental Team. In case of doubt: demand specification with invoices. Excessive settlements can lead to repayment via the Rent Tribunal in The Hague, accessible to residents of Delft. Practical examples from the Poptahof neighbourhood show discussions about 'reserves' for future roof maintenance; these are only permitted if contractually stipulated. Tenants' associations such as the Woonbond office in the Delft region recommend annual checks. In apartment complexes along Delftse Hout, VvE decisions count, but only actual costs. Be alert to double advance calculations, common at seasonal changes. This way, you prevent unnecessary expenses in your Delft rental home and maintain fair play. (278 words)