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Exceptions to the 70% Financing Obligation in Rijswijk

Discover the exceptions to the 70% rule in complex-wide renovations in Rijswijk, such as voluntary consent or government regulations, and how tenants can challenge these through the Rent Tribunal.

2 min leestijd

In Rijswijk, where many social housing units in neighbourhoods such as Innen and Remmerden are being renovated, the 70% rule for complex-wide renovations includes several exceptions that landlords may utilise. According to Article 7:230a of the Dutch Civil Code (BW), deviations may be made if tenants voluntarily agree to an alternative cost allocation through a majority decision. In cases of forced renovations due to listed building status, such as historical properties around Herenstraat, or stricter local government regulations imposed by the Municipality of Rijswijk, the 70% threshold does not always apply. For instance, the Municipality of Rijswijk enforces additional sustainability requirements for energy label upgrades in older complexes. Tenants should be vigilant against improper use, such as splitting renovations into smaller parts to circumvent the regulation—a practice recently criticised by the District Court of The Hague in a Rijswijk case. Courts, including the Council of State, have ruled that interconnected works, such as façade insulation and roof replacement within a single neighbourhood, must be considered as one complex. As a tenant in Rijswijk, you can lodge an objection with the Rent Tribunal if the landlord misuses the exception. Act within two months of becoming aware of the renovation plans, for example, in projects by Haagse Woningstichting. In case of a breach, you may be entitled to compensation, rent reduction, or even postponement through local consultation rounds. Always consult a tenancy law solicitor, particularly for social housing where subsidy conditions from the Municipality of Rijswijk provide additional protection against excessive cost increases.