Required Disclosures for Commercial Leases in the Netherlands

Commercial lease agreements in the Netherlands are primarily governed by Book 7 of the Dutch Civil Code (effective 1 August 2003). While the Good Landlordship Act does not apply to commercial tenancies, there are important statutory and contractual obligations. Under Art. 7:209 BW, a landlord cannot exclude liability for defects they were aware of (or should have been) but failed to disclose.

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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