Distinguishing Major Repairs from Service Charges in Utrecht

In Utrecht, major repairs do not fall under chargeable service costs but are the responsibility of the landlord (Article 7:206 of the Dutch Civil Code). This includes structural maintenance such as roof replacements in older neighborhoods like Lombok or Kanaleneiland, restoration of central heating systems in listed buildings along the Oudegracht, or foundation repairs in canal-side properties—with costs exceeding €1,000 per intervention. Service charges in Utrecht rental properties are limited to minor maintenance, cleaning of communal areas, and green space management in complexes. Landlords may not pass on major maintenance costs through service charge items; doing so is unlawful and frequently occurs with housing corporations such as Portaal or Haag Wonen. Tenants in Utrecht can challenge this with the Rent Tribunal (Huurcommissie), which assesses compliance with the 'good landlord' standard, taking into account local conditions such as the Utrecht Housing Ordinance. Evidence may include inspection reports, comparative quotes, or the landlord’s Multi-Year Maintenance Plan (MJOP). When the distinction is clear, the landlord bears the full cost without requiring an advance from the tenant. Disputes may escalate to the subdistrict court in Utrecht, carrying the risk of penalty payments and potential referral to the municipality for enforcement. Rental agreements often specify lists of minor versus major maintenance, tailored to Utrecht’s new construction projects in areas like Overvecht or Merwede. For new builds, a 10-year indivisible maintenance period applies. Tenants with purchase options in transformation projects sometimes claim partial reimbursement; consult Utrecht’s tenant support teams for free advice. Always review the MJOP for planned works to avoid disputes, high bills, and to benefit from local regulations such as Utrecht’s tenant protection measures. Seek legal advice from the Legal Counter (Juridisch Loket) Utrecht if in doubt. Correctly separate costs and pay only your share in the Domstad.