Renting out in a VvE: what do the regulations allow?

Starting point: renting out is allowed

The law says that an owner may use their apartment themselves or let someone else use it. So renting out is allowed in principle. But the regulations of the VvE (owners’ association, Vereniging van Eigenaars) can set rules on how the apartments are used. They may say, for example, that a home may only be used as a home, or that renting out is subject to conditions.

Source: Article 5:120(1) and Article 5:112(4) of the Dutch Civil Code (Burgerlijk Wetboek, BW). See wetten.overheid.nl (in Dutch).

Short-term rental and Airbnb

Holiday rentals often cause more hassle in a building than ordinary rentals: new people all the time, suitcases on the stairs, keys being passed around. That is why many newer regulations contain rules about it. Some ban short-term rental, others require permission from the board or the general meeting (ALV, algemene ledenvergadering) first. If your regulations say nothing about it, the situation is less clear. If the association wants to add a rule, the deed of division has to be amended. That requires a notary and the cooperation of all owners, or a decision of the ALV with at least four fifths of all votes.

Source: Article 5:139 of the Dutch Civil Code. See wetten.overheid.nl (in Dutch).

Besides the association, the municipality has rules too. Some municipalities require a registration number or set a maximum number of nights per year. Check the municipality’s website to see what applies where you live.

Does a tenant have to follow the rules?

Yes, to a large extent. Rules in the regulations on use, management and maintenance also apply to the tenant or other user. If the regulations are changed later, the new rule does not automatically apply to a tenant who was already renting. They then have to agree to it. If they do not, an owner can ask the subdistrict court (kantonrechter) to make the rule apply to them anyway.

Source: Article 5:120(2) and (3) of the Dutch Civil Code. See wetten.overheid.nl (in Dutch).

The house rules

The house rules (huishoudelijk reglement) are about daily life in the shared areas. Think of the bicycle storage, the stairwell, pets in the hall or noise in the evening. The ALV may make such rules, as long as the regulations of the deed of division say nothing about the matter. An owner can ask a tenant to declare that they will follow such a rule. If the tenant refuses, an owner can again ask the subdistrict court to make the rule apply to them.

Source: Article 5:128 of the Dutch Civil Code. See wetten.overheid.nl (in Dutch).

What the owner remains responsible for

An owner who rents out remains a member of the association. They pay the contribution, may vote at the ALV and are the point of contact for the board. So agree that an owner who rents out tells the board who lives in the apartment, and gives the house rules to the tenant. Include in the rental agreement that the tenant will follow the rules.

Tips for the board

• Read together what your regulations say about use and renting out.
• Keep an up-to-date list of who lives in each apartment, with the residents’ consent.
• Give new tenants a short welcome message with the most important rules.
• If there is a nuisance, speak to the owner first. They are responsible towards the association.