Exceptions to the 70% Financing Obligation in Tilburg

In Tilburg, the block-wise renovation 70% rule has various exceptions that landlords can utilise, especially for the many older complexes in neighbourhoods such as Westerhoek or the city centre. According to Article 7:230a of the Dutch Civil Code (BW), a deviation can be made if tenants voluntarily consent to a different cost distribution via a majority decision. For compulsory renovations due to monument status, such as the historic buildings around Heuvelstraat, or Tilburg government regulations for energy saving, the 70% threshold does not always apply. The municipality of Tilburg encourages large-scale sustainability through local subsidies, which can justify additional exceptions. Tenants in Tilburg must be alert to improper use, such as splitting renovations into smaller parts to circumvent the rule – a practice recently highlighted by the District Court of East Brabant in cases involving Tilburg housing associations. Courts of appeal, including the Council of State, have ruled that related works, such as facade insulation and roof replacement in one complex, must be regarded as a single whole. As a tenant in Tilburg, you can lodge an objection with the Rent Tribunal if the landlord misuses the exception; the tribunal has an office in North Brabant for expeditious handling. Take action within two months of becoming aware of the renovation plans, for example with housing associations such as Zayaz or Trivire which manage many Tilburg properties. In case of breach, you can claim compensation for damage, rent reduction or repayment of overpaid contributions. Always consult a local tenancy law attorney in Tilburg, especially for housing association properties where municipal subsidy conditions and the Tilburg tenants' interest association offer additional protection. (248 words)