A qualifying new-build middle-rent home can have a maximum rent up to 10% above its ordinary points-based maximum. The surcharge has specific conditions and a time limit. A new-looking or refurbished dwelling does not automatically qualify.
Editorial review: Arslan Advocaten. Updated 24 October 2026.
The conditions under the current policy
The home must first have been taken into use after 1 July 2024, construction, qualifying transformation or addition must have started before 1 January 2028, and the points-based home must be in the middle-rent segment. Check the current rules for the relevant assessment date. An announced policy extension should not be treated as enacted merely because it appears in a news article.
Twenty years from first use
The surcharge ends after twenty years counted from the home’s first use. A change of tenant does not restart that period. Ask for the actual first-use date rather than counting from your own contract. Keep the history where a building has been converted from offices or shops into residential accommodation.
Middle rent is not the free sector
The surcharge raises the permitted price of a qualifying middle-rent dwelling; it does not by itself move the dwelling into the free sector. A social-rent or free-sector home does not gain this particular surcharge merely because it is new. The underlying points calculation must therefore be examined first.
New construction is different from dividing an existing home
A qualifying addition or change of use can require particular evidence. Ordinary refurbishment does not automatically satisfy the conditions. The policy does not treat mere splitting of an existing home, without adding residential floor space, as qualifying new construction. Identify what was built or transformed and when.
Ask for evidence and check the arithmetic
Request proof of construction start and first use, using BAG records where appropriate or other reliable documents. For illustration, a qualifying points-based maximum of €1,000 with a 10% addition becomes €1,100; this is not an annual 10% rent increase. Other surcharges can only be combined under their own rules. Protect any initial-rent or reduction deadline while requesting proof.
Documents to collect
- Contract and points calculation
- First-use date
- Construction or transformation start evidence
- BAG or municipal records
- Surcharge calculation and landlord’s explanation
Frequently asked questions
Does each new tenant begin a new twenty-year period?
No. The period is linked to first use of the dwelling.
Is renovation enough?
Not automatically. Check whether the actual work meets the qualifying definitions and dates.
Is this the annual rent increase?
No. A surcharge on the maximum price and an annual increase are different calculations.
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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Related tenancy guides
- Dutch rental points system: how to calculate your home’s WWS points
- Initial rent assessment in the Netherlands: deadlines, evidence and effect
- Requesting a rent reduction based on points: proposal, dates and procedure
Sources and further reading
- Dutch source article (NL)
- Huurcommissie (NL)
