The tenant of a home carries out and pays for the minor repairs (kleine herstellingen) listed in the Minor Repairs Decree (Besluit kleine herstellingen). Examples are interior painting, replacing tap washers and topping up the central heating system (Articles 7:217 and 7:240 of the Dutch Civil Code (Burgerlijk Wetboek, DCC)). If such a repair is needed because the landlord neglected his own maintenance, the landlord still pays for it.
All other maintenance and the repair of defects are in principle for the landlord (Article 7:206 DCC). Below you can read what the decree says, what the tenancy agreement may arrange and what changes on 1 January 2027.
Table of contents
What is the Minor Repairs Decree?
It is an order in council (algemene maatregel van bestuur) from 2003 (Bulletin of Acts and Decrees (Staatsblad) 2003, 168). It sets out what counts as minor repairs when renting residential property. It has applied since 1 August 2003 and is based on Article 7:240 DCC.
It covers small-scale work that tenants can do themselves, without significant costs and in places they can reach. The annex to the decree gives a list of examples. According to the decree, that list is not exhaustive.
Which work is for the tenant?
The annex includes:
- whitewashing, painting or wallpapering interior walls, ceilings and interior woodwork, and filling small holes and cracks;
- fixing loose parts and replacing simple parts, such as tap washers, locks, switches and sockets;
- lubricating hinges, locks and taps, and preventing pipes and taps from freezing;
- topping up and bleeding the central heating system and replacing filters of installations;
- replacing broken windows and mirrors if this costs little;
- keeping the garden, yard and fencing tidy;
- unblocking drains, sewers and the chimney, or sweeping them, as far as the tenant can reach them;
- keeping the home, windows and gutters clean and controlling small pests.
What remains at the landlord’s expense?
Everything that is not a minor repair. Examples are exterior painting, the roof and façade, replacing a worn-out central heating boiler or kitchen, and repairing pipes in walls and floors. Replacement due to age and major maintenance are also for the landlord.
If the tenant reports a defect, the landlord must fix it, unless this is impossible or requires unreasonably high costs (Article 7:206 DCC). If the landlord remains in default, the tenant may have the defect repaired and set off the reasonable costs against the rent. The tenant can also claim a rent reduction (Article 7:207 DCC). You can read more about this in our article on defects in a rented home.
What happens if the tenant does not do his part?
Then the landlord can demand that the tenant carries out the repairs, and can charge the repair costs at the end of the tenancy. The tenant must return the home in the condition in which he received it at the start, except for normal wear and tear (Article 7:224 DCC).
Damage to the home is in principle presumed to have been caused by the tenant, except for fire damage and damage to the exterior (Article 7:218 DCC). In practice, the landlord often sets off such costs against the deposit. He must then be able to back up those costs.
May the tenancy agreement place more maintenance on the tenant?
Not for residential property. The agreement may not deviate from the division in Article 7:217 DCC to the tenant’s disadvantage (Article 7:242 DCC). For example, a clause that places all repairs up to a certain amount on the tenant can be annulled. The tenant can invoke the annulment and then does not have to comply with the clause.
Arrangements that are more favourable to the tenant are allowed. The decree does not apply to commercial premises. There, the parties agree on the division themselves, often through the general conditions of the ROZ model. See our article on the ROZ tenancy agreement.
Can the landlord take over minor repairs for a fee?
Yes, if the tenant and landlord agree on this. An example is a repair subscription that is charged as service charges. The service charges must be settled every year, and the tenant can take a dispute to the Huurcommissie (Rent Tribunal). See our article on a dispute about service charges.
The Service Charges Modernisation Act (Wet modernisering servicekosten) applies to tenancy agreements concluded from 1 January 2027. The Service Charges Decree (Besluit servicekosten) (Bulletin of Acts and Decrees (Staatsblad) 2026, 70) will then contain a closed list of eight categories of service charges. Minor repairs are one of those categories. The landlord may also have the minor repairs carried out by a third party. The arrangement can be included in the tenancy agreement or in a separate agreement. According to the explanatory notes, a 24-hour maintenance contract, under which the tenant gets faster help for a fee, does not count as service charges. Existing agreements stay under the current system, unless the tenant and landlord agree that the new rules will also apply to their agreement from 1 January 2027 (Rijksoverheid).
What should you look out for as a tenant?
- Is the repair listed in the annex to the decree, or is it major maintenance?
- Is the repair needed because the landlord failed to do something earlier? Then it is for the landlord.
- Report defects in writing, with the date and photos.
- Does your tenancy agreement place more maintenance on you than the decree? That deviation does not apply.
- Do you pay service charges for a repair subscription? Ask for the statement every year.
What should you look out for as a landlord?
- For residential property, do not use a clause that places more maintenance on the tenant than the decree.
- Record the condition of the home at the start in a check-in report (opleveringsrapport) with photos.
- Deal with a reported defect within a reasonable period. Otherwise the tenant may have it repaired himself.
- Do you want to take over minor repairs for a fee? Put this in writing and take into account the new service charge rules from 2027.
What can we do for you with minor repairs and maintenance?
- Assess whether a repair falls under the decree or is major maintenance.
- Review a tenancy agreement for maintenance clauses that conflict with Article 7:242 DCC.
- Draft a notice of default (ingebrekestelling) if repairs are not carried out.
- Assess the repair costs in a final settlement or a deposit dispute.
- Litigate before the kantonrechter (subdistrict court) or assist you before the Huurcommissie.
In summary
- Minor repairs are for the tenant (Articles 7:217 and 7:240 DCC); the Minor Repairs Decree gives the list.
- If the repair is needed because of the landlord’s negligence, the landlord pays.
- Defects and major maintenance are for the landlord (Article 7:206 DCC).
- For residential property, the agreement may not place more maintenance on the tenant (Article 7:242 DCC).
- From 1 January 2027, new service charge rules apply to new agreements, including for minor repairs.
Frequently asked questions
Who pays for maintenance of the central heating boiler?
Topping up and bleeding are for the tenant. The periodic service by an installer is not in the decree and is in principle for the landlord. The landlord can only pass on the cost if this has been agreed as service charges.
Who pays for a blocked drain?
The tenant, as far as the tenant can reach the blockage and it was caused by use. If the blockage is further into the sewer or is caused by a structural defect, the repair is for the landlord.
Does the decree also apply to commercial premises?
No. The decree was written for residential property (Article 7:240 DCC). Article 7:217 DCC applies to commercial premises, but the parties may deviate from it.
May the landlord withhold the deposit for overdue minor maintenance?
Only for costs he can prove and that are not normal wear and tear. To check this, compare the check-in report from the start with the condition of the home when the tenant leaves.
Unsure about your position? Tell us about your situation. We will let you know within one working day what your options are.
This article provides general information and is not a substitute for advice on your specific situation.
