Commercial Premises: 290 vs 230a

A shop or certain hospitality premises often falls under Article 7:290 of the Dutch Civil Code, while many offices and warehouses fall under Article 7:230a. The label on the contract is not decisive. Classification affects duration, ending, rent review and protection against eviction.

Editorial review: Arslan Advocaten. Updated 24 October 2026.

Look at the agreed use and actual layout

Article 7:290 covers specified business categories, including qualifying retail, hospitality and craft premises with the required public-access function. An office does not become retail premises merely because visitors attend. Mixed use, a showroom and workshop, or different sections within one building require a closer assessment of what the parties agreed and how the premises are arranged.

The 7:290 duration and ending framework

The ordinary framework protects an initial five-year period and a following period up to ten years in total, with special rules for short agreements of two years or less and other exceptions. Ordinary notice has statutory requirements, including a minimum one-year period in the usual framework. A landlord normally needs grounds and, where the tenant does not consent, may need a court decision. Serious breach raises a separate dissolution question.

The 7:230a contract and eviction protection

For many offices and warehouses the contract plays a larger role in duration and termination. Ending the lease and requiring actual vacation are different questions. A qualifying tenant can generally request extension of the vacation period within two months after the date against which vacation was demanded in writing. That is not simply two months after receiving any letter. Exceptions and the precise demand matter.

An extension is not three automatic extra years

The court weighs interests and can grant extensions subject to statutory conditions, normally for up to one year at a time and within the overall three-year limit. Consent to termination or the tenant’s own notice can affect protection. Continued occupation can also involve a use payment. Assess the first application and later-extension deadlines separately.

Price, repairs, transfer and permitted use

Article 7:290 has a specific statutory rent-review route under conditions; 7:230a does not have an equivalent general scheme. Check contractual indexation, service charges, VAT and repair allocation. Selling a business does not automatically transfer the tenancy. Landlord consent for a use or alteration is not the same as public-law permission, particularly if commercial premises will house workers. Obtain the actual permit and align contract and intended use.

Documents to collect

Lease, general conditions and amendments
Agreed use, plans and layout photographs
Notice and written vacation demand
Indexation, cost and repair provisions
Permits, consent and any business-transfer plan

Frequently asked questions

Does the heading office space settle the regime?

No. The agreed purpose and statutory categories must be assessed.

Does 7:230a guarantee three extra years?

No. Extensions are conditional and require timely applications.

Does a landlord’s permission replace a municipal permit?

No. Contractual consent and public-law authorisation are separate matters.

Discuss the right next step

Send the complete agreement, relevant correspondence and the next deadline. We first assess the legal question, evidence and appropriate route. The first consultation is free and without obligation. Eligible individuals may qualify for subsidised legal aid; a personal contribution or other costs can remain. Where private fees apply, we agree the scope and expected costs before further work. A contact request does not itself preserve a statutory or court deadline.

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