Distinguishing Major Repairs from Service Charges in Amsterdam

In Amsterdam, 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 applies to structural maintenance such as roof replacements in canal houses, upgrades to central heating systems, or foundation repairs in Amsterdam’s typical wooden subsoil, with costs exceeding €1,000 per intervention. Service charges are limited to minor maintenance, cleaning of communal areas, and green space management in urban gardens. Landlords in neighborhoods like De Pijp or the Jordaan may not pass on major maintenance costs through service charge items; this is unlawful and often observed in older rental complexes. Tenants can challenge this with the Rent Commission in Amsterdam, which assesses compliance with the 'good landlord' standard, taking local heritage regulations into account. Provide evidence with inspection reports from the Housing Department or comparative quotes from Amsterdam contractors. When the distinction is clear, the landlord bears the costs, and the tenant is not required to pay an advance. Disputes may escalate to the subdistrict court in Amsterdam, with the risk of penalty payments. Rental agreements often specify lists of minor versus major maintenance, in accordance with the Amsterdam Housing Ordinance. Check the Multi-Year Maintenance Plan (MJOP) for scheduled works in your area to avoid disputes and high bills, particularly given the city’s high rental prices. For new builds in IJburg, a 10-year indivisible maintenance period applies. Tenants with purchase options in transformation projects sometimes claim partial reimbursement. Seek legal advice from the Legal Counter Amsterdam if in doubt. This ensures you correctly separate costs and pay only your share in the Amsterdam rental market.