Netherlands Commercial Rent Increases: Indexation and Review

For commercial leases in the Netherlands, rent adjustments are primarily governed by the Dutch Civil Code (Burgerlijk Wetboek), which came into effect on 1 January 1992. While adjustments are largely determined by contract, the law provides specific mechanisms for court-ordered rent review before the Kantonrechter (Subdistrict Court). The rules differ significantly between 7:290 BW and 7:230a BW premises.

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

1. Expert report — the applicant must first obtain a report from a court-appointed expert
2. Court application — based on the expert report

3. Comparison method — the court sets rent based on comparable premises in the area
4. Average rent — of comparable properties over the preceding 5 years
5. 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

1. Use CPI indexation — it is the market standard and widely accepted
2. Define the reference period — which CPI month serves as the baseline
3. Monitor comparable rents — for future rent reviews
4. Start the review process early — procedures can take months
5. Consider turnover rent for retail — it shares risk with the tenant

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