Commercial lease: 7:290 or 7:230a DCC?

Which regime applies to your commercial premises depends on how the premises are actually used, not on the label in the lease. Shops, restaurants, cafés, hotels and campsites with a public sales area fall under Article 7:290 of the Dutch Civil Code (DCC) and enjoy strong statutory protection; offices, warehouses, workshops without a public counter and most other business space fall under Article 7:230a DCC, which only protects the tenant against immediate eviction.

Both regimes are mandatory law. Under Article 7:291 DCC, clauses that deviate from the 7:290 rules to the detriment of the tenant can be annulled unless the subdistrict court (kantonrechter) has approved them. This article explains how the two regimes differ, how to classify mixed or borderline premises and what both tenant and landlord should check before signing.

Table of contents

What counts as 7:290 commercial space?

7:290 space is business space where the public can come in and buy goods or receive services on the spot. Article 7:290(2) DCC lists retail businesses, restaurants and cafés, takeaway and delivery services and craft businesses, provided the premises contain a room accessible to the public for the direct supply of goods or services.

Hotels and campsites also fall under Article 7:290 DCC, without the public-counter requirement. Under Article 7:290(3) DCC the regime covers the appurtenances, the land belonging to the premises and a dependent dwelling, such as the flat above a shop that is let together with it.

Which businesses typically qualify?

Typical 7:290 tenants are a bakery with a shop at the front, a clothing boutique, a hairdresser, a bicycle repairer with a sales counter, a takeaway and a hotel. What they share is that customers enter the premises to obtain a product or service there and then, which is the test in Article 7:290(2)(a) DCC.

What counts as 7:230a commercial space?

7:230a space is the residual category: every built property that is neither a dwelling nor 7:290 space. Article 7:230a DCC therefore covers offices, warehouses, distribution centres, factories, garages, practices of lawyers, architects and physiotherapists, and showrooms where customers cannot buy on the spot.

The protection is limited to eviction. Once the lease has ended, the tenant can ask the court to extend the period within which he must leave, but must do so within two months after the landlord has given written notice to vacate (Article 7:230a(1) DCC). The court can grant up to one year, which can be extended twice by up to one year at the tenant’s request, so three years at most (Article 7:230a(5) DCC).

How do the two regimes differ in practice?

The differences concern duration, termination, rent review and freedom of contract. The table below gives the main points; the paragraphs after it explain them.

Topic	7:290 space (shop, restaurant, hotel)	7:230a space (office, warehouse)
Duration	5 years + 5 years by law (Art. 7:292)	As agreed
Termination by landlord	Writ or registered letter, at least one year’s notice, with grounds (Art. 7:293-7:294)	As agreed; fixed-term lease ends automatically (Art. 7:228)
Court test	Limited statutory grounds, then balancing of interests (Art. 7:296)	None for termination; only extension of the eviction period (Art. 7:230a)
Rent review by court	Yes, with expert advice (Art. 7:303-7:304)	No; contract and indexation clause apply
Deviation from the law	Only with court approval (Art. 7:291)	Broad freedom of contract

How long does a 7:290 lease run?

A 7:290 lease runs for at least five years and is then extended by law for another five years (Article 7:292 DCC). A longer first term is allowed. A lease for two years or less falls outside this protection, but if the use continues beyond two years, a five-year lease arises by law, minus the two years already passed (Article 7:301 DCC).

For 7:230a space there are no minimum terms. The parties can agree one year, three years or any other duration, and a fixed-term lease ends when that term expires without notice (Article 7:228(1) DCC).

How can the landlord end a 7:290 lease?

The landlord must give notice by bailiff’s writ or registered letter, with at least one year’s notice, against the end of the term (Article 7:293 DCC). The notice must state the grounds, or it is void (Article 7:294 DCC).

If the tenant does not agree in writing within six weeks, the lease continues until the court has decided on the landlord’s claim (Article 7:295 DCC). At the end of the first five years, the court can only terminate for poor business operation by the tenant or urgent personal use by the landlord or close relatives (Article 7:296(1) DCC). After ten years, the court weighs the interests of both parties (Article 7:296(3) DCC). Part 2 of this series covers termination in detail.

Can the rent be reviewed?

For 7:290 space, either party can ask the court to adjust the rent to the average rent of comparable premises in the area over the previous five years (Article 7:303 DCC). The claim is only admissible with an advice by one or more experts appointed jointly by the parties or by the court (Article 7:304 DCC).

For 7:230a space this statutory right does not exist. The rent follows the contract, usually with an annual indexation clause based on the CBS consumer price index.

Can you agree terms that deviate from the law?

For 7:290 space, clauses that deviate from the statutory protection to the detriment of the tenant can be annulled, unless the subdistrict court approved them in advance (Article 7:291 DCC). The court only approves if the clause does not substantially affect the tenant’s rights or if the tenant does not need the protection given his position.

For 7:230a space, the parties are largely free to make their own arrangements, within the limits of reasonableness and fairness (redelijkheid en billijkheid). The tenant’s right to ask for an extension of the eviction period remains, except where the tenant gave notice himself or explicitly agreed to the termination (Article 7:230a(2) DCC).

How is mixed or borderline use classified?

With mixed use, the court looks at which use predominates. If a shop with a sales counter is the core of the business and the storage at the back is subordinate, the whole property falls under Article 7:290 DCC; if the warehouse is the main function and the counter is incidental, Article 7:230a DCC applies.

Showroom, webshop or home practice

A showroom where customers view products but cannot buy them there lacks the direct supply required by Article 7:290(2)(a) DCC and is usually 7:230a space. A webshop with only a collection point is assessed the same way: collecting a parcel is not the same as buying on the spot. A treatment room of a self-employed physiotherapist in his own home is usually not 7:290 space either.

In case of doubt, the court decides on the basis of what the parties agreed as the intended use and how the premises are actually used. A clause stating “this is not 7:290 space” does not bind the court if the actual use shows otherwise.

What should you check as a tenant?

Is there a room open to the public where customers buy goods or receive services on the spot (Article 7:290(2) DCC)?
Does the lease describe the intended use concretely, so that it matches how you will actually use the premises?
Does the lease contain clauses that deviate from Articles 7:290-7:310 DCC to your detriment, and has the subdistrict court approved them?
Is the term two years or less, and what happens if you stay longer (Article 7:301 DCC)?
For 7:230a space: note the two-month deadline after a written notice to vacate to ask the court for more time.
Does the landlord use the correct ROZ model for the type of premises?

What should you check as a landlord?

Which regime follows from the intended and actual use, and does the rent and term structure fit that regime?
For 7:290 space: send any notice by bailiff’s writ or registered letter, at least one year before the end of the term, stating the grounds (Articles 7:293-7:294 DCC).
Check whether a ground under Article 7:296 DCC is available at the moment you want to end the lease.
Have deviating clauses approved by the subdistrict court before the lease starts (Article 7:291 DCC).
For a short lease of up to two years: diarise the end date, because continued use beyond two years creates a five-year lease (Article 7:301(2) DCC).
For 7:230a space: give a clear written notice to vacate, which starts the tenant’s two-month period.

What can we do for you with commercial lease classification?

Our tenancy lawyers advise tenants and landlords on both regimes. We can:

assess whether your premises are 7:290 or 7:230a space, based on the lease and the actual use;
review a draft lease and the ROZ model before you sign, and mark clauses that need court approval;
file a request for approval of deviating clauses with the subdistrict court under Article 7:291 DCC;
draft or check a notice of termination, including the form, the one-year notice period and the grounds;
file a request to extend the eviction period under Article 7:230a DCC within the two-month deadline;
prepare a rent review claim under Articles 7:303-7:304 DCC, including the appointment of the expert.

Summary

The regime follows from the actual use of the premises, not from what the lease calls them.
7:290 space (shops, restaurants, hotels, campsites) has a 5+5-year term, termination only on statutory grounds and court rent review.
7:230a space (offices, warehouses, showrooms) has no term protection; the tenant can only ask for up to three years extra to vacate.
For mixed use, the predominant use decides.
Deviating from the 7:290 rules to the tenant’s detriment requires prior approval by the subdistrict court.

Frequently asked questions

What is the difference between 7:290 and 7:230a commercial space?

Article 7:290 DCC covers premises with a room open to the public for the direct supply of goods or services, such as shops and restaurants, plus hotels and campsites. Article 7:230a DCC covers all other business space, such as offices and warehouses. 7:290 tenants have a 5+5-year term and can only be evicted on statutory grounds; 7:230a tenants can only ask for up to three years extra to vacate.

Does an office fall under 7:290 or 7:230a DCC?

An office normally falls under Article 7:230a DCC, because there is no room where the public buys goods or receives services on the spot. The tenant of an office therefore has far less protection than the tenant of a shop.

Can the parties choose which regime applies?

No. The regime follows from the agreed and actual use of the premises. A clause classifying the premises differently does not bind the court if the actual use shows otherwise.

Which regime applies to a shop with a storage area?

If the shop is the main function and the storage is subordinate, Article 7:290 DCC applies to the whole property. If storage or distribution is the main function and sales are incidental, Article 7:230a DCC applies.

What happens to a short lease of two years or less?

A 7:290 lease of two years or less is not protected by Articles 7:291-7:300 DCC. If the tenant stays on beyond two years, a lease for five years arises by law, minus the two years already passed (Article 7:301 DCC).