When concluding a rental agreement for office space, it is set out what you are renting, for how long you are renting it, what you are paying and who is responsible for what maintenance. However, the level at which this maintenance must be carried out often remains unspecified. In practice, not all landlords appear to pay the same amount of attention to maintenance and major maintenance expenses are sometimes postponed to the following year. While as a tenant you want to be able to run your business in a properly functioning building in a decent manner. After all, you also pay a fair rent, don't you? The Dutch standard NEN 2767 offers an objective method for assessing the technical condition of buildings and installations. This article explains what NEN 2767 entails, why it is relevant for tenants of office space and what benefits it offers. We also discuss the role of a Multi-Year Maintenance Plan (MYMP) and provide three practical tips for tenants.
The vast majority of rental agreements concluded for offices in the Netherlands are drawn up on the basis of the ROZ model contract. The standard provisions in ROZ lease agreements (as included in the general provisions) are often limited in the extent to which they set specific requirements for the level of maintenance or upkeep. Although the responsibility for maintenance is stated in the contract, an objective standardisation of what “good” or “sufficient” maintenance means is often lacking. This regularly leads to discussions between tenants and landlords about the actual condition of the property and compliance with maintenance obligations.
The application of NEN 2767 can provide a solution. By explicitly including this standard in the rental agreement, for example as a reference upon delivery, during periodic inspections or in the event of disputes, clarity and unambiguity are created about the required maintenance level.
NEN 2767 is a Dutch standard drawn up by the Netherlands Standardisation Institute (NEN) and offers a standardised method for the assessment of the condition of building and installation components. This method makes it possible to objectively determine the technical condition of a building. The assessment of condition is shown in scores from 1 (excellent) to 6 (very poor), taking into account aspects such as aging, defects and weart and tear. This uniform assessment makes communication between building owners, managers, maintenance parties and tenants easier and more transparent. These condition scores are elaborated below.
Defects in finishes, materials, components and construction due to ageing do not occur. Installations function without faults, which guarantees operational reliability. Operational interruptions due to failure of installations etc. do not occur. Defects in the form of minor mechanical damage or of an aesthetic nature can be encountered occasionally. Furthermore, well-executed repairs can occur. With regard to the total picture of defects, construction and installation components are in an excellent and professionally executed condition.
Defects in construction and installation components in the form of material deterioration and ageing of finishes, materials, components and construction occur occasionally. With a few exceptions, installations function without faults, which guarantees operational reliability. Operational interruptions due to failure of installations etc. hardly ever occur. Defects, such as weathering phenomena, are only reported locally. The construction or installation components may show visible dirt deposits (environment). With regard to the total picture of defects, the construction and installation components can be assessed as good. This indicates good design, good detailing, as well as sound execution and assembly.
Construction and installation components show local defects in finishes, materials, components and construction. A localised problem with moisture and draught can be the result. The functioning of the installations can be disrupted occasionally. The defects do not affect the functioning of the construction or installation components. The operating process is not damaged. Defects, in the form of weathering etc., can occur locally to regularly. Well-executed and durable repairs can be observed regularly. Local repairs can also be carried out with less suitable means. A construction or installation component can show visible dirt deposits (environment) as a whole. With regard to the total defect picture, the technical condition is qualified as reasonable. The quality of the materials used and/or defects in design, detailing and execution play a significant role in this.
Construction and installation components regularly show defects in finishes, materials, components and constructions. Local malfunctions in the functioning of the construction or installation components can occur. Nuisance and unusability of construction and installation components (for example as a result of leaks) can occur several times a year. The number of malfunctions in the installations is increasing. The operational reliability of installations is moderately guaranteed. Operational interruptions can occur. With regard to the total picture of defects, the construction and installation components are assessed as moderate. This can also be caused by errors in the choice of materials, design and/or execution.
Construction and installation components show considerable defects in finishes, materials, components and constructions. The primary functions of components that influence the functioning of construction or installation components are then no longer guaranteed. The functioning of the installations is no longer guaranteed. Business interruptions can occur regularly. The total defect picture of the construction and installation components is poor. The cause is structural defects in the materials, the design and/or the execution. Disruptions occur regularly in the functioning of the construction or installation component.
The condition of building and installation parts is so poor that it can no longer be classified under condition 5. There is a maximum defect pattern and malfunctions in the functional fulfilment of building and installation parts occur continuously.
An MYMP is a plan in which the future maintenance of a building is set out systematically, often based on the findings of the NEN 2767 condition measurement. The MYMP provides insight into the expected maintenance costs over a period of, for example, the next five or ten years. By viewing the MYMP, there is transparency as to the landlord’s maintenance plans and it can be determined whether sufficient budget has been allocated to carry out proper maintenance.
