Netherlands Commercial Rent Increases: Indexation and Review
Guide to rent adjustments for commercial business premises in the Netherlands: CPI indexation, court-ordered market rent review, and contractual options.
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For commercial leases in the Netherlands, rent adjustments are largely determined by contract, but the law also provides mechanisms for court-ordered rent review. The rules differ significantly between 7:290 BW and 7:230a BW premises.
Commercial Rent Review Process in national
Review Rent Clause
Check the specific rent review method in the commercial lease.
Calculate New Amount
Apply the agreed formula to calculate the adjusted rent.
Serve Written Notice
Provide written notice per the lease’s required notice period.
Commission Valuation if Needed
Obtain an independent market rent valuation for market review clauses.
Annual Indexation
CPI Indexation (Standard)
Most commercial leases include an annual indexation clause linked to the Consumer Price Index (CPI):
- CBS (Statistics Netherlands) publishes CPI figures monthly
- The ROZ model uses CPI as the standard
- Indexation typically occurs on January 1 or the annual rent payment date
- The landlord must inform the tenant in writing of the new rent
Calculation
The indexed rent is calculated as:
New rent = Old rent × (New CPI / Old CPI)
- CPI figures are freely available from CBS
- The reference year and month are specified in the contract
Alternative Indexation
Parties may also choose:
- Fixed percentage increase — e.g., 3% per year
- Turnover-based rent — percentage of the tenant's revenue (in retail)
- Stepped rent — predetermined rent levels per period
Court-Ordered Rent Review (7:290 BW)
When Available
For 7:290 BW premises, either landlord or tenant can request a rent review from the court (Art. 7:303 BW):
- After the end of the first 5-year term
- After the end of a contractually agreed term (minimum 5 years)
- Thereafter every 5 years
Procedure
- Expert report — the applicant must first obtain a report from a court-appointed expert
- Court application — based on the expert report
- Comparison method — the court sets rent based on comparable premises in the area
- Average rent — of comparable properties over the preceding 5 years
- Gradual adjustment — if the difference is large, the court may spread the adjustment over up to 5 years
Costs
- Expert report costs are typically borne by the requesting party
- Court proceedings: costs according to standard rules
Rent Adjustment for 7:230a BW
For 7:230a BW premises (offices, storage):
- No statutory right to court-ordered rent review
- Rent adjustments are entirely contractually determined
- Open-market rent review clauses are common
- Without an adjustment clause: rent remains unchanged
Turnover-Based Rent
In retail properties, a turnover-based rent component is common:
- Base rent + percentage of annual turnover above a threshold
- Typical percentages: 5–10% of turnover (depending on sector)
- Tenant must provide turnover figures periodically
- Landlord may audit the books
Best Practices for Landlords
- Use CPI indexation — it is the market standard and widely accepted
- Define the reference period — which CPI month serves as the baseline
- Monitor comparable rents — for future rent reviews
- Start the review process early — procedures can take months
- Consider turnover rent for retail — it shares risk with the tenant
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