Articles 7:215/216 Dutch Civil Code (BW)
The tenant is not entitled to alter (parts of) the dwelling without the landlord’s prior written consent. Unless the alterations are such that they can be reversed and removed at the end of the lease without significant costs. Upon request, the landlord must grant consent for the alterations within eight weeks. Provided that they do not impair the marketability of the residential premises or result in a decrease in the value of the leased property.
If the landlord refuses consent, the tenant may request substitute authorisation from the court. The court will apply the same criteria. Even if those criteria are not met, the court may still grant substitute authorisation. This may be the case where the court considers the alterations necessary for the use of the dwelling. Or where the alterations enhance the tenant’s enjoyment of the property and there are no compelling objections on the part of the landlord. The court may attach conditions to the substitute authorisation. For example, at the landlord’s request, the court may decide that the rent is to be increased if the alterations justify this. The court may also determine that the alterations must be removed when the lease ends.
In certain circumstances, the tenant may claim compensation for alterations made to the dwelling that cannot be reversed at the end of the lease.
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