If a debtor pays a sum of money late, you can claim statutory interest (wettelijke rente) from the moment the debtor is in default (Article 6:119 of the Dutch Civil Code, BW). Between businesses and towards public authorities the higher statutory commercial interest (wettelijke handelsrente) applies (Articles 6:119a and 6:119b BW), and an interest rate agreed in the contract in principle takes priority over both.
Statutory interest for consumers and private debts has been 4 per cent a year since 1 January 2026. Statutory commercial interest has been 10.4 per cent since 1 July 2026. Below we explain when interest starts to run, how you calculate it and where it often goes wrong.
Table of contents
What is statutory interest?
It is a fixed form of damages for late payment of a sum of money. You do not have to prove that you actually suffered a loss; the law sets the loss at the amount of the interest (Article 6:119(1) BW).
The rate is set by government decree (Article 6:120 BW) and published on rijksoverheid.nl. There are three variants: ordinary statutory interest, statutory commercial interest for commercial transactions, and commercial interest for transactions with public authorities.
What is the statutory interest rate in 2026?
For contracts with consumers and for debts that do not arise from a commercial transaction, the rate has been 4 per cent a year since 1 January 2026. Until that date it was 6 per cent.
Statutory commercial interest has been 10.4 per cent a year since 1 July 2026. It equals the main refinancing rate of the European Central Bank plus 8 percentage points and is reset every six months, on 1 January and 1 July (Directive 2011/7/EU, implemented in Article 6:120 BW).
If the rate changes while the debt is outstanding, you apply the rate of each period to that period. A calculator that contains the historical rates prevents mistakes.
When does statutory interest start to run?
From the moment the debtor is in default (verzuim). When that is depends on what was agreed about the payment date.
- If the contract or invoice states a fixed final payment date, the debtor is in default after that date without a notice of default (Article 6:83(a) BW).
- If there is no fixed date, you first send a notice of default (ingebrekestelling) giving a reasonable period to pay (Article 6:82 BW). Interest runs from the end of that period.
- For damages arising from a tort, interest runs from the moment the loss occurred (Article 6:83(b) BW).
- In a commercial transaction without an agreed payment term, commercial interest runs automatically from 30 days after receipt of the invoice (Article 6:119a BW).
How do you calculate statutory interest?
You calculate interest on the principal per day. At the end of each year the interest due is added to the principal, so from then on you also claim interest on the interest (Article 6:119(2) BW).
An example for illustration. A private buyer has been in default with €10,000 since 1 February 2026. At 4 per cent the interest after one year is €400. On 1 February 2027 that interest is added to the principal, so that in the second year interest runs on €10,400. If the rate changes during that period, you split the calculation per period.
The law allocates part payments first to costs, then to interest that has fallen due, and only then to the principal (Article 6:44 BW). A debtor who pays less than the total therefore first pays off the interest.
What is the difference between statutory interest and commercial interest?
Statutory commercial interest only applies to commercial transactions: contracts between businesses, or between a business and a public authority, under which goods are delivered or services provided for payment. You can never claim commercial interest from a consumer, even if your general terms say so.
In a commercial transaction the payment term may in principle not exceed 60 days. When a large company pays a small or medium-sized business, the maximum term has been 30 days since 1 July 2022; a longer term is void and becomes 30 days by law (Article 6:119a BW). Public authorities pay within 30 days (Article 6:119b BW).
In a commercial transaction the creditor is also entitled to at least €40 in collection costs (incassokosten), without a reminder being required (Article 6:96(4) BW).
Can you agree a different interest rate in the contract?
Yes. Contractual interest in principle takes priority over statutory interest. Between businesses an interest rate of, for example, 1 per cent per month is common and usually valid.
Towards consumers it is different. The court must assess an interest clause in general terms and conditions for unfairness of its own motion (Directive 93/13/EEC and Article 6:233 BW). An interest rate clearly above the statutory rate may then be set aside.
In commercial transactions you may not depart from the rules to the detriment of the creditor if that is grossly unfair. A clause excluding commercial interest is therefore often voidable (Article 6:119a BW).
How long can you claim statutory interest?
A claim for payment of interest is time-barred after five years (Article 3:308 BW). That period runs per interest period: interest for 2020 becomes time-barred earlier than interest for 2024.
You interrupt the limitation period with a written reminder or notice in which you unequivocally reserve your right to performance (Article 3:317 BW). After interruption, a new five-year period starts.
What about interest on collection costs and legal costs?
You can claim statutory interest on extrajudicial collection costs from the moment the debtor is also in default with those costs. With a consumer this first requires a fourteen-day letter (veertiendagenbrief) (Article 6:96(6) BW).
In a judgment the court usually orders payment of the legal costs within fourteen days, with statutory interest if that period expires unused. Include that claim in the writ of summons.
What should you check as a creditor?
- Put a fixed final payment date on the invoice, so that default occurs without a notice of default.
- Check whether you contract with a consumer or a business; that determines which rate applies.
- Apply the rate of each period and add the interest to the principal every year.
- Interrupt the limitation period for older interest in writing before five years have passed.
- Claim interest on the legal costs expressly in the writ of summons.
What should you check as a debtor?
- Check from what date you are actually in default; without a fixed date a notice of default is needed.
- Check whether the creditor uses the right rate; commercial interest is not owed by a consumer.
- Have a high contractual interest rate in general terms assessed for unfairness.
- See whether older interest periods are already time-barred.
- Remember that a part payment is first allocated to costs and interest (Article 6:44 BW).
What can we do for you with statutory interest?
- Calculate the statutory or commercial interest on your claim, per period and compounded.
- Draft a notice of default or fourteen-day letter that secures default and interest.
- Review an interest clause in your general terms for validity towards consumers and businesses.
- Interrupt the limitation period for your claim and the interest.
- Collect the claim with interest and costs, through the court if necessary. See also our guide to debt collection in the Netherlands.
Summary
- Statutory interest has been 4 per cent since 1 January 2026; statutory commercial interest 10.4 per cent since 1 July 2026.
- Interest runs from default: immediately after a fixed payment date, otherwise after a notice of default.
- Interest is added to the principal every year (Article 6:119(2) BW).
- Commercial interest applies only between businesses and towards public authorities, never towards consumers.
- Interest claims are time-barred after five years, per interest period (Article 3:308 BW).
Frequently asked questions
Do I have to announce statutory interest before claiming it?
No. Interest is owed by law as soon as the debtor is in default. It is still sensible to mention it in your reminder, so the debtor knows where he stands.
Does statutory interest also apply to alimony?
Yes. Alimony arrears are a money debt, and from the moment an instalment is not paid on time, ordinary statutory interest under Article 6:119 BW runs on that amount.
Can I claim statutory interest on damages?
Yes. For damage from a tort, interest runs from the moment the damage occurred (Article 6:83(b) BW). For damage from breach of contract, interest generally runs from the moment the loss was suffered.
Can the court reduce statutory interest?
Statutory interest itself is not reduced; it is a fixed compensation. The court can, however, reduce contractual interest or a penalty, or, towards consumers, set it aside.
