Permissible and Non-Permissible Service Charges in Utrecht

In Utrecht, not all costs may be passed on to tenants as service charges, particularly in iconic complexes such as those around the Dom Tower or in modern districts like Kanaleneiland. Permissible items include cleaning of stairwells, lift maintenance in apartment buildings on Amsterdamsestraatweg, insurance for communal areas, and garden maintenance in inner courtyards. According to Article 7:232 of the Dutch Civil Code (BW), these costs must be reasonable and actually incurred, with invoices serving as evidence. Non-permissible costs include replacement costs for major repairs such as a new central heating boiler, maintenance of the rental property itself (not shared parts), profit markups, and fees for unused facilities such as a vacant parking space. The Supreme Court has ruled that landlords may not pass on costs that they would normally bear themselves. In Utrecht rental agreements, often arranged through local estate agents, an exact description must be provided; verify this upon signing. If in doubt, request a specification with invoices from Utrecht-based suppliers. Excessive service charges may lead to reimbursement via the Rent Commission in Utrecht, which holds sessions monthly. Practical examples from Utrecht illustrate disputes over 'reservations' for future maintenance of historic facades; these are only permitted if explicitly stipulated in the contract. Local tenants' associations, such as the Tenants' Federation Utrecht, advise annual settlement checks, particularly for Owners' Associations (VvE's) in complexes like De Werf or Zuilen. VvE decisions are relevant, but only actual costs apply—be vigilant for double charging of advances in student housing around Utrecht University. This helps avoid unnecessary expenses and maintains fair play in the Utrecht rental market.