Exceptions to the 70% Financing Obligation in Westland
Discover the exceptions to the 70% rule for complex-wide renovations in Westland, such as voluntary consent or government regulations for greenhouses and monuments, and how tenants can challenge this via the Rent Tribunal.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, known for its glasshouse horticulture and greenhouse complexes, the complex-wide renovation 70% rule has various exceptions that landlords can utilise. Pursuant to Article 7:230a DCC, a deviation may be made if tenants voluntarily consent to a different cost distribution via a majority decision, for example in renovations of older horticultural greenhouses in areas such as 's-Gravenzande or Naaldwijk. Also in cases of compulsory renovations due to monument status of historical farmhouses or government regulations for energy-saving adaptations in Westland residential complexes, the 70% threshold does not always apply. The Municipality of Westland encourages sustainable renovations with subsidies, but tenants must be alert to improper use, such as splitting renovations into smaller parts to circumvent the rule. The Council of State has ruled that related works, such as combined insulation and glazing renewal in greenhouse dwellings, must be regarded as one complex. As a tenant in Westland, you can lodge an objection with the Rent Tribunal if the landlord misuses the exception. Take action within two months after becoming aware of the renovation plans, for example with housing associations such as Pré Wonen. In case of breach, you may claim compensation for damage or rent reduction. Consult a tenancy law attorney in Westland for specific cases, especially in association housing where local subsidy conditions and horticulture-related regulations offer extra protection. (212 words)