When you buy a flat, you are not buying a home but an appartementsrecht (apartment right): a share in the whole building plus the exclusive right to use one private section. That distinction only really makes itself felt when you renovate. Replacing the kitchen is your business; knocking through a wall, replacing a window frame or rerouting a pipe quickly touches parts that belong to all the owners together. In that case, in addition to any permit from the municipality, you need the permission of the Vereniging van Eigenaars (VvE, owners' association). In this article you will read how to determine what is shared, what needs permission, how to ask for it, what requirements the VvE sets for your contractor and what you can do if the meeting says no.
Shared or private: the deed of division decides
The ground rules for your building are set out in the splitsingsakte (deed of division) with the accompanying splitsingstekening (division drawing), drawn up by the notary when the building was divided into apartment rights. The deed usually refers to a modelreglement (model regulations) of the Koninklijke Notariële Beroepsorganisatie (Royal Dutch Association of Civil-law Notaries); depending on the year of construction, that is for example the model regulations of 1992, 2006 or 2017. In addition, almost every VvE has a huishoudelijk reglement (house rules) with practical rules on noise, floors, pets and the use of communal areas. Ask the board or the managing agent for all these documents before you make plans; the deed of division can also be requested from the Kadaster (Land Registry).
As a rule of thumb, the following are shared: the foundations, load-bearing walls and columns, floors and ceilings as structure, the façades including the external window frames and exterior paintwork, the roof, the main pipes and cables for water, gas, sewage and electricity up to the branch to your flat, shafts, the lift, the stairwell and the entrance. As a rule, the following are private: the finish of floors and walls, non-load-bearing interior walls, the kitchen, the bathroom, the sanitary fittings and the pipework from the branch inside your flat. But note: the model regulations differ in the details, for example about who is responsible for windows and balconies, and the deed of division may in turn deviate from them. So read your own deed, not a summary on the internet.
What do you need the VvE's permission for?
Permission from the meeting of owners is required for any change to a shared part and for anything that changes the appearance of the building. In practice this concerns:
- Load-bearing walls: knocking through or removing them, even inside your own flat. A load-bearing wall is structure and therefore shared, even if it stands in the middle of your living room. This always requires a structural calculation; see Removing a load-bearing wall: rules, risks and step-by-step plan.
- Façade and window frames: new window frames, a different type of glass that is visible from outside, an extra window, an outdoor air-conditioning unit, sun shading or a satellite dish.
- Pipes in shafts and connections to the main pipes: moving a bathroom, an extra toilet, a cooker hood with an outlet through the façade or the roof.
- Floors and noise. A hard floor such as parquet, laminate or tiles is in itself your business, but almost every set of house rules sets a requirement for impact sound insulation. It is common for the new floor including underlay to deliver a minimum improvement in impact sound insulation compared with the bare structural floor, measured according to the applicable NEN standard, and for you to be able to demonstrate that with a report or a product certificate. Ask your floor layer or carpenter about this before you choose.
- Balcony, roof terrace and outdoor space: decking, a canopy, a fixed planter or a new balustrade.
- Changes that affect use, such as dividing a flat or letting it as business premises, if the deed imposes restrictions on that.
For purely internal work on private sections, such as plastering by a plasterer, a new kitchen in the same place or painting, you do not need permission. The rules in the house rules on working hours and nuisance do apply, though, and you remain responsible for damage to shared parts or to the neighbours. Do not forget the municipality either: VvE approval does not replace an omgevingsvergunning (environmental permit). Which jobs require a permit is explained in When do you need a permit for a renovation.
How to apply for permission
- Discuss your plan informally first with the board or the managing agent. They know whether a similar request has been dealt with before and what information the meeting will want to see.
- Have your plan worked out in detail: drawings of the existing and new situation, a structural calculation for structural interventions, a description of the connection for pipework and the acoustic report for floors. A complete file prevents the item from being postponed to a later meeting.
- Ask in writing for the item to be put on the agenda of the general meeting. The notice period is set out in the regulations, often two weeks. Many VvEs meet only once a year; if you wait until just before the renovation, you will be too late. An extra meeting can be called, though not without the support of the board or some of the owners.
- Know which majority is required. For most decisions a simple majority of the votes cast, weighted according to the fractional shares in the deed, is enough. Some regulations require a qualified majority for changes to the structure or appearance. Amending the deed of division itself, for example if you want to add part of a shared attic to your flat, requires a majority of at least four-fifths of the votes and a new notarial deed.
- Have the decision recorded in the minutes, with the conditions set by the meeting: which work, which contractor, which period, who repairs what in the event of damage. Ask for a signed copy. Verbal approval from a board member is not a decision of the meeting.
Bear in mind the annulment period: an owner who disagrees with a decision can ask the kantonrechter (subdistrict court) to annul it within one month of becoming aware of it. So do not start demolishing the day after the meeting.
The VvE's requirements for your contractor
Renovating in a building with ten or a hundred other households makes different demands on a contractor than a detached house does. The meeting or the house rules often attach conditions to the permission, and even without those conditions it is wise to agree them with the contractor.
- Working hours: noisy work only on working days within the hours set out in the house rules, not at weekends and not on public holidays.
- Lift and stairwell: protection of lift walls and floors, no construction waste or heavy loads in the passenger lift without prior agreement, daily cleaning of the communal areas that are used.
- Waste and materials: a skip at your own expense and with the correct municipal permit, no storage in corridors, access galleries or the bicycle store.
- Insurance: CAR insurance (contractor's all risks) for the work and business liability insurance that covers damage to the building and to third parties. Ask for the policy schedules and send a copy to the board. Also notify the VvE's buildings insurer of the renovation if your work affects the structure or the installations; an unreported change can lead to disputes in the event of damage.
- Utilities: shutting off water or electricity for other flats only after notice via the board.
When requesting quotes, ask explicitly about experience of working in apartment buildings and about willingness to include the VvE conditions in the contract. A contractor who shrugs this off will land you in arguments with the neighbours later.
Pre-construction survey for the neighbours above and below
In a flat you literally share your floor and ceiling with others. Vibrations from chiselling and drilling travel through the structure and can cause cracks in plasterwork or loose tiles for the neighbours above, below and next to you. So for any intervention in the structure or for prolonged demolition work, have a bouwkundige vooropname (pre-construction condition survey) carried out: before the start, an independent building surveyor records the condition of the adjoining flats and the communal areas with dated photos in a report signed by those involved. Without this baseline measurement, every crack discovered later will be attributed to your renovation. Inform the neighbours personally about the schedule and give them the site manager's number; most irritation comes from being taken by surprise. You can read more about dealing with neighbours in Renovating and the neighbours: rights, obligations and good agreements.
What if the VvE refuses?
A VvE may refuse permission, but not without reasonable grounds. If the meeting refuses, or even refuses to consider your request, you can ask the kantonrechter (subdistrict court) for vervangende machtiging (substitute authorisation) under Article 5:121 of the Burgerlijk Wetboek (Dutch Civil Code). The court assesses whether the VvE could reasonably refuse, weighing the interests of the building and the other owners against your interests. A well-substantiated plan with a structural calculation, acoustic report and proof of insurance makes a big difference. If a decision has been taken but you believe it conflicts with the law, the deed or reasonableness, you can ask for the decision to be annulled within one month.
Before taking that step, try a different approach first. Ask what concerns people have and whether you can address them with adjustments: a different floor, a shorter construction period, additional insurance. Mediation by an independent VvE adviser is cheaper and faster than legal proceedings, and afterwards you still have to live in the same building as the same neighbours for years. For initial legal advice you can turn to the Juridisch Loket (Legal Services Counter); Vereniging Eigen Huis (the Dutch homeowners' association) and VvE Belang have a legal helpdesk for members.
On VerbouwPro you post your renovation free of charge and contractors, carpenters and plasterers from your region respond with a verified profile and reviews. Mention in your job description that it concerns a flat and which VvE conditions apply; then you will know straight away who has experience with that.