Exceptions to the 70% Financing Obligation

The 70% financing rule for complex-wide renovations includes several exceptions that landlords may utilize. Under 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. Additionally, the 70% threshold does not always apply in cases of mandatory renovations due to monument status or government regulations. Tenants should be vigilant against improper use, such as splitting renovations into smaller parts to circumvent the rule. Courts, including the Council of State, have ruled that interconnected works must be considered as a single complex. As a tenant, you can lodge an objection with the Rent Tribunal if the landlord misuses the exception. It is crucial to take action within two months of becoming aware of the renovation plans. In case of a violation, you may be entitled to compensation or a rent reduction. Always consult a tenancy law attorney for specific cases, particularly for social housing where subsidy conditions provide additional protection.