Renovation and urgent work

Renovation/urgent maintenance – commercial space and other space

In case of renovation, the commercial space is partially renewed by changes or additions. Also demolition, after which the premises is rebuilt falls under renovation. Renovation is not the same as carrying out “urgent work”, which involves repairing or replacing existing parts of the commercial space. The quiet enjoyment under a lease remains the same in the execution of urgent work, but in renovation the quiet enjoyment under a lease is increased.

The lessor does not need to ask the lessee for permission to carry out urgent work; the main rule is that the lessee must tolerate this work. However, in the case of commercial space and other space such as office space, the lessor and lessee may agree otherwise and are not bound by the main rule.

In principle, the lessee remains entitled to a possible reduction in the rent due to defects, dissolution of the lease and possible compensation.

The lessor needs the lessee’s permission to carry out renovation work. The lessor must send a reasonable proposal to the lessee. A reasonable proposal is subject to several requirements, such as taking into account the nature and duration of the work, the expected financial consequences and the possibility of offering the lessee alternative commercial space during the renovation work.

Renovation/urgent maintenance – living space

When renovating, the house is partially renewed by changes or additions. Also demolition, after which the house is rebuilt falls under renovation. Renovation is not the same as carrying out “urgent work”, which involves repairing or replacing existing parts of the house. The quiet enjoyment under a rent remains the same in the execution of urgent work, but in renovation the quiet enjoyment under a rent is increased. The landlord does not need to ask the tenant for permission to carry out urgent work; the tenant must tolerate this work.

Despite the fact that the tenant must tolerate the urgent work, he remains entitled to a possible reduction in the rent due to defects, dissolution of the tenancy agreement and possible compensation.

The landlord needs the tenant’s permission to carry out renovation work. The landlord must send a reasonable proposal to the tenant. If the tenant does not find the renovation proposal reasonable, he does not have to agree. The landlord will then have to take the matter to court and possibly prove that the proposal is reasonable.

If the renovation concerns ten or more dwellings that together form a construction unit, the proposal shall be deemed reasonable if at least 70% of the tenants have agreed to it. The tenant who does not agree with the proposal, can, within 8 weeks after he has been informed in writing by the landlord that at least 70% of the tenants agree with the renovation proposal, claim a decision of the court about the reasonableness of the proposal.

If the landlord carries out renovation work, it is possible that in some cases the tenant may have to move (temporarily) to, for example, a temporary residence or guest room. The rent may also be increased after completion of the renovation.

If a removal is necessary in connection with a planned renovation, where it is not possible for the lessee to remain in the home during the renovation, then a tenant is entitled to a removal allowance. This allowance is fixed by ministerial regulation and amounts to €5,993.00. This allowance is only payable if the work required makes removal necessary. If, for example, renovation work and urgent work are carried out together, then it must be considered whether the renovation work necessitates removal.