Permitted and Non-Permitted Service Charges in Amsterdam

In Amsterdam, not all costs may be passed on to tenants as service charges, especially not in the city's busy rental market. Permitted items include cleaning of stairwells, lift maintenance in high-rise flats, insurance of common areas, and garden maintenance in complexes such as those in Oud-Zuid or the Jordaan. According to Article 7:232 BW, these costs must be reasonable and actually incurred, with invoices as proof. Non-permitted costs include replacement costs for major repairs such as a new central heating boiler, costs specific to the rental property itself (not shared parts), profit margins, and charges for unused facilities such as an unused parking garage in the Pijp. The Supreme Court (Hoge Raad) has ruled that landlords may not pass on costs that they would normally bear themselves. In Amsterdam rental agreements, often via real estate agents such as Funda or private landlords, there must be an exact description of service charges. In case of doubt: demand specification with invoices, supported by the Huurcommissie in Amsterdam. Excessive costs can lead to repayment via the court. Practical examples in the city show discussions about 'reserves' for future maintenance, such as roof repairs in canal houses; these are only permitted if explicitly laid down in the contract. Tenants' associations such as the Huurdersfederatie Amsterdam recommend annual checks, especially for VvEs in complexes around the Centrum or West. VvE decisions count, but only actual costs. Be alert to double calculation of advances, common with large investors in Nieuw-West. This way, you avoid unnecessary expenses in the expensive Amsterdam rental market and maintain fair play. (278 words)