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Exceptions to the 70% Financing Obligation for Renovations in Utrecht

Discover the exceptions to the 70% rule for block-wide renovations in Utrecht, such as voluntary consent or government regulations, and how tenants can challenge them via the Rent Tribunal.

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In Utrecht, where many historical buildings and social housing units in neighbourhoods such as Kanaleneiland and Lombok are being renovated, the block-wide renovation 70% rule has various exceptions that landlords can utilise. According to Article 7:230a of the Dutch Civil Code (BW), a deviation can be made if tenants voluntarily consent to a different cost distribution via a majority decision. For compulsory renovations due to monument status – think of the canal houses in Utrecht's city centre – or stricter municipal requirements for energy performance, the 70% threshold does not always apply. The municipality of Utrecht, for example, applies additional requirements for sustainable renovations under the Climate Adaptation Plan, which can justify further exceptions. Tenants in Utrecht must be vigilant against improper use, such as splitting renovations into smaller phases to circumvent the rule. The Council of State and the Administrative Jurisdiction Division of the Council of State have ruled in cases involving Utrecht housing associations that related works, such as facade insulation and roof replacement, must be regarded as a single complex. As a tenant, you can lodge an objection with the Rent Tribunal within two months of becoming aware of the renovation plans. In cases of abuse of the exception by the landlord, such as in recent renovations in Overvecht, you may claim compensation or rent reduction. For social housing in Utrecht, subsidy conditions from the municipality and the State provide additional protection. Always consult a specialised tenancy law attorney in Utrecht for tailored advice. (248 words)