At a glance
- 290 commercial premises (retail, hospitality and public-facing craft businesses) have a statutory 5+5-year term and strong security of tenure.
- 230a premises (offices, industrial units and warehouses) allow freedom of contract, with only protection against eviction for a maximum of one year.
- The actual use determines the regime, not the heading on the contract.
- Use an ROZ model agreement as a basis and record any deviations in the special provisions.
290 commercial premises versus 230a premises
Article 7:290 of the Dutch Civil Code applies to premises accessible to the public with a counter or sales point: shops, restaurants, cafés and craft businesses. All other commercial premises, such as offices, industrial units, storage and logistics premises, fall under Article 7:230a of the Dutch Civil Code.
- 290: a minimum of 5 years with an automatic extension of 5 years; termination only on statutory grounds.
- 290: a rent review by an expert is possible on the basis of comparable properties.
- 230a: the term, notice period and rent can be freely agreed.
- 230a: following notice of termination, the tenant can only request a postponement of eviction, for a maximum of one year.
Typical lease terms
In practice, offices and industrial units commonly have 5-year terms with 5-year extensions, or shorter terms (2 to 3 years) for smaller units. Longer terms increase the investment value for the owner and are often the price paid for incentives such as a rent-free period.
Clauses to watch out for
- Indexation: usually annually based on CPI; check minimum and maximum percentages.
- Service charges: advance payments plus an annual reconciliation; specify which supplies and services are covered.
- VAT-taxed letting: only possible if the tenant uses at least 90% of the property for VAT-taxable activities.
- Schedule of responsibilities: who pays for which maintenance and building services.
- Bank guarantee or security deposit: three months' rent including service charges and VAT is standard.
- Handover: in what condition must the premises be returned on departure?
- Subletting and substitution of the tenant: for 290 premises, the tenant has statutory rights when transferring the business.
Terminating a commercial tenancy agreement
For 230a premises, you give notice in accordance with the contract, usually with a notice period of at least six months by registered letter or bailiff's notice. For 290 premises, the landlord can only terminate on statutory grounds, such as urgent own use or tenant misconduct, and the court decides if the tenant objects.
Frequently asked questions
Is an office a 290 or 230a property?
An office without a public-facing function falls under 230a. An office with a public counter, such as a travel agency, may fall under 290.
Do I have to use an ROZ model agreement?
It is not compulsory, but it is the market standard. It gives both the owner and tenant a clear framework and prevents disputes over general provisions.
Can the rent increase during the term?
Beyond the agreed indexation, only if the contract permits it or, for 290 premises, through a rent review at the end of a term.