On 10 April 2026, the Subdistrict Court of the District Court of North Holland ruled that the tenants in that case were required to cooperate with the connection to a district heating network (ECLI:NL:RBNHO:2026:3806). The main points of this ruling are discussed below.

Facts

The case concerns a residential complex in Alkmaar, where a housing association wishes to connect its properties to a district heating network. This requires, amongst other things, the removal of central heating boilers and gas meters from the properties and the installation of heat units. Some of the tenants did not wish to cooperate with this. Consequently, the housing association sought an injunction requiring these tenants to cooperate with the works.

Considerations

Some tenants argued that the works should be regarded as renovation works within the meaning of Section 7:220(2) of the Dutch Civil Code, meaning that the landlord should have made a reasonable proposal.

However, the subdistrict court judge considered that, in this specific case, the energy-saving measures to be carried out could be interpreted as urgent works as referred to in Section 7:220(1) of the Dutch Civil Code. Urgent works are works that cannot be postponed without causing harm. The tenant must tolerate such works.

According to the subdistrict court, the connection to the district heating network must in this case be regarded as a necessary measure to comply with various sustainability objectives and obligations, which in this case arise, inter alia, from the Climate Agreement (2019), the municipal heating strategy, binding performance agreements with the municipality and the housing association’s own sustainability policy. According to the subdistrict court, the housing association is, in principle, free to choose between different sustainability measures. The housing association has furthermore demonstrated that postponing the works would have adverse consequences: if postponed, the climate targets and the associated obligations would not be met, the housing association would miss out on subsidies, and the contractor’s costs would increase.

In this specific case, given that the work is urgent and does not (primarily) involve renovation, the question of whether a reasonable proposal was made to the tenants was not addressed.

Balancing of interests

The subdistrict court then proceeded to balance the interests. The tenants argued that they had not been sufficiently informed and that their objections had not been taken seriously enough. They were also concerned about the costs of the district heating network.

The subdistrict court judge considered that the housing association had sufficiently substantiated the suitability of the housing complex for connection to the district heating network with expert reports. Furthermore, from April 2024 onwards, the housing association provided the tenants with specific information on, amongst other things, the operation of the district heating network, the financial implications, and the nature and duration of the works.

Furthermore, the housing association has taken sufficient account of the potential financial consequences for the tenants and has done what can reasonably be expected of it to limit these. The housing association is not required to provide a guarantee that the costs will remain the same, partly because price developments are partly beyond its control.

Judgment

The subdistrict court ruled that the tenants must cooperate with the connection to the district heating network. If they fail to do so, they will be liable to pay a penalty.

In conclusion

This ruling is based on the specific circumstances of this case. In each specific case, it will need to be assessed whether sustainability measures constitute urgent works within the meaning of the law or (partly) renovation. If you have any questions about this ruling or this subject, please do not hesitate to contact us.

We closely monitor developments in tenancy law and the energy and heating transition and would be happy to advise you on these matters. For further information, please contact Bert Lejeune (b.lejeune@paulussen.nl) or Demi Herveille (d.herveille@paulussen.nl).

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