Court sets higher rent for mixed-use commercial space by including upper floor in valuation despite zoning restrictions.
Netherlands (NL)
Legislator summary
AI generatedThe court ruled that the upper floor must be included in the commercial property valuation at a rate of €3,600 per year. Although the municipality designated the space as residential, the contractual agreement defined it as business premises, and the expert commission confirmed its commercial utility. Consequently, the total rent was increased to €80,690 annually, and the defendant was ordered to pay the difference plus legal costs.
Legislator headnote
AI generatedArticles 7:290 and 7:304 of the Civil Code; where a lease contract designates a property for business use, the court must value the entire leased area as commercial space for rent determination, disregarding conflicting zoning plans unless the lessee explicitly excludes the area from the contractually defined business purpose.