Required Disclosures for Commercial Leases in the Netherlands

Commercial lease agreements in the Netherlands have different disclosure requirements than residential leases. The Good Landlordship Act does not apply, but there are important statutory and contractual obligations.

Energy Label

Statutory Requirement

A valid energy label is mandatory when leasing commercial property:

• Must be provided to the tenant
• Must be listed in advertisements
• Office buildings must have at least energy label C since January 1, 2023
• Offices not meeting label C may no longer be used as offices

Future Requirements

• From 2030: tightening to energy label A for offices (proposed)
• BENG requirements (Nearly Zero Energy Buildings) for new construction

Energy Savings Obligation

Businesses and institutions are required to implement all recognized energy-saving measures that have a payback period of 5 years or less:

• Applies to business premises with annual consumption above 50,000 kWh electricity or 25,000 m³ natural gas
• Companies must report every 4 years on measures taken
• Enforcement by the environmental service

Environmental and Soil Contamination

Soil Investigation

For commercial leases, it is standard practice to:

• Commission a NEN 5740 exploratory soil investigation
• Record existing soil contamination in the lease
• Contractually allocate responsibility for remediation

Asbestos

• Buildings from before 1994 may contain asbestos
• An asbestos inventory is mandatory for renovations or demolitions
• Removal only by certified companies
• The owner/landlord bears primary responsibility

Zoning and Permits

The landlord should inform the tenant about:

• Zoning plan — what use is permitted
• Building permits — for renovations or extensions
• Operating license — for hospitality and retail
• Environmental permits — for specific business activities

ROZ Model Obligations

The standard ROZ model for commercial leases contains provisions on disclosure:

• Property condition at handover
• Known defects
• Duty to disclose public law restrictions
• VAT status (taxed or exempt lease)

VAT and Fiscal Transparency

The landlord must clarify:

• Taxed or exempt lease — impacts the tenant's VAT deduction
• Service charge specification — which costs are passed through and on what basis
• Tax consequences — when opting for taxed lease

Municipal Regulations

Municipalities may impose additional requirements on commercial property:

• Visual quality requirements — facade cladding, signage
• Parking permits — availability and costs
• Noise and environmental standards — for hospitality and production
• Operating hours — for shops and restaurants

Best Practices for Landlords

1. Check the energy label — especially for offices (minimum C)
2. Conduct soil investigation — document conditions before lease start
3. Disclose asbestos — for buildings from before 1994
4. Allocate responsibilities clearly — in the lease agreement
5. Use the ROZ model — it covers most disclosure obligations

How Landager Helps

Landager helps commercial property landlords track energy labels, environmental obligations, and contractual disclosure requirements.

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