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An energy label is required when renting out or selling a residential property. The label must be available at transfer or at the start of the tenancy.

Is an energy label required when advertising?

If an energy label is available, it must be included in the listing. If no energy label is available yet, it does not have to be shown when advertising. The energy label must, however, be available in time for sale or rental.

Is an energy label required at transfer?

Sales: the energy label must be provided to the buyer at the notarial transfer at the latest.

Rentals: the energy label must be available at the start of the tenancy agreement.

What does the energy label mean when letting?

For rentals, the energy label is part of the points system (WWS). The number of points affects the maximum rent and whether a property falls within the regulated or free sector. An incorrect or missing label may result in a lower permitted rent.

What does the energy label mean for selling?

For selling, the energy label informs buyers about the property’s energy performance and sustainability potential. It often plays a role in buyer decision making.

Currently, there is an exemption for national listed monuments from the energy label requirement. This exemption is expected to end in May 2026.

For commercial property, there are strict demands for durability. For example, since January 1^st 2023 office spaces must have at least energy label C to be let or used. There are exceptions, but these are limited.

 If you don’t meet this requirement, you risk the following:

• Government enforcement, such as fines or penalty’s
• Decrease in value of the property
• Limitations when refinancing or selling
• Possible tenant claims when the property doesn’t adhere to the agreed upon function of use

It’s important to look further ahead: steps are being taken to improve the energy label to A in the future, and installations such as central heating boilers are slowly phased out. As owner, you have to plan ahead for durability, both financial and technical.

With commercial properties, the distribution of maintenance differs from that of residential properties. Legally, the regulations for offices and shops (7:230a of the Dutch Civil Code) leaves plenty of room for contractual agreements. In practise, usually the following applies:

• Landlord: major maintenance and replacement of essential installations (such as roof, foundation, main sewage, facades and technical installations).
• Tenant: daily and minor maintenance, including malfunctions caused by use, interior finishings and often the periodic maintenance of installations.

In the case of shops (7:290 of the Dutch Civil Code) agreements made can differ, but a large part of the maintenance, usually more than expected by landlords, are contractually attributed to tenant.

Important: Installations such as air conditioning and heating systems are increasingly attributed to the landlord. Unclear agreements often lead to discussions, so the division must be explicitly detailed in the contract.

Most tenancy agreements for commercial properties include an annual indexation. This is usually based op the CBS’ “All Households CPI”, but other CPI’s (such as the CPI for Processed or Unprocessed Goods) also occur. Which indexation you should be using, fully depends on what the contract states.

The starting date of the tenancy agreement also plays an important role: indexation is almost always done on the contractually agreed upon date, regardless of when the contract was signed. When inflation is exceptionally high or low, the contractual indexation is leading.

 A correct application is essential, as a wrong calculation or a late notice could lead to inability to implement the indexation or the tenant demanding repayment.

A letting agent can lead to many advantages. They know the local market, which means they can help determine a realistic and competitive rent price, so your property will be rented out quickly and without undervaluing. Agents will also perform screenings, so there is less risk of back payments or problems. All the work, from advertising to handover of the keys, would be taken out of your hands. This is especially important if you aren't experienced in letting. But most importantly, a letting agent is up to date on legislation and regulations, including local regulations and can help avoid any trouble.