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Landlords: ready for the new Service Costs Decree?
From 1 July 2026, the Service Costs Decree will change as a result of the Service Costs Modernisation Act. This change will have a direct impact on how landlords are allowed to pass on service costs. The government is tightening the rules to better protect tenants — and that requires action from landlords.
What does this mean for you?
The rules are becoming clearer and stricter.
Only specified costs will count
Service charges may soon only be passed on if they are explicitly included in the Decree. This means, for example, that the use of a communal sports facility will no longer be included. If a cost item is not included, the landlord will no longer be allowed to pass it on.
The list is being modernised. There is some leeway within the categories. For example, movable property is not specified in the list.
The list of service charge items, which has not yet been officially published, is as follows.
- Heating and cooling (including heating and cooling of communal areas)
- Electricity, gas and water (for communal facilities)
- Movable property (e.g. furnished facilities)
- Minor repairs (as far as these are not at the expense of the landlord)
- Supervision, security and waste (e.g. caretaker, cleaning, waste)
- Signal delivery (e.g. cable or internet connection)
- Insurance and fund formation (for communal facilities)
- Administrative costs (for processing and settling service costs)
Separate agreements may be made for services not included in the list. However, these may not be “imposed” on tenants and passed on to them under a tenancy agreement.
The distinction between utilities and other service costs is abolished.
This allows the Rent Assessment Committee to assess the full advance payment amount and does not have to limit itself to utilities as was previously the case.
Fund formation limited
The accumulation of funds is permitted, but only for: a drain cleaning fund, a glass fund, a lamp fund.
Landlords no longer have to specify expenses per tenant, as long as the fund is used correctly.
Collective action against unjustified service charges becomes easier for tenants
Requests from tenants to the Rent Assessment Committee regarding residential complexes can be dealt with collectively.
Annual statement on time
Failure to provide a final statement will be penalised. If a landlord has not provided substantiation of the actual service costs incurred six months after the end of the financial year, the Rent Assessment Committee may charge standard amounts for service costs. These may be considerably lower than the actual costs.
To which contracts does this apply?
The new Service Costs Decree applies to tenancy agreements entered into on or after 1 July 2026.
Why prepare now?
Landlords who 1) fail to limit their service charge items to those on the list in a timely manner and 2) fail to update new tenancy agreements before 1 July 2026 run the risk of disputes with tenants, proceedings before the Rent Assessment Committee and repayment obligations. It is therefore advisable to check the list of service charges now and adjust it in good time.
Do you have any questions about the Service Charges Decree? Please feel free to contact the lawyers at Corten De Geer Vastgoedadvocaten.
