As of May 1, 2022, the point system will change. Will you still be able to rent in the free sector?

5-4-2022 — 

We have often paid attention to this; the announced change in the point system. Each time the date was pushed forward. But now it is definitive: per May 1, 2022, the WOZ value may only count for a maximum of 33% in determining the number of points. And that can have major consequences for the rent you can ask. Especially if you rent out a small house (ca. < 65 m2) and / or if you have a poor energy label.

Note: this new rule only applies to new rentals after May 1, 2022, so not to current rental agreements or contracts concluded before May 1, 2022!

What does the new rule imply?
In the Netherlands we have the WoningWaarderingsStelsel (WWS). This determines how many points a house scores and thus whether a house belongs in the free sector or in the social sector (basic rent < € 763.47).

A residence receives the most points for:
1) the surface area
2) energy efficiency
3) the WOZ value
In addition, a house can also receive points for a.o. a luxurious finish. But the majority of the points are collected with the 3 components mentioned above.

In recent years the prices of owner-occupied homes have exploded and with them the WOZ value. Because a house currently receives a lot of points for its high WOZ value, even very small houses with a poor energy label can now often be rented out in the free sector.

But as of May 1, this will change; the WOZ value may only count for a maximum of 33% of the total number of points. As of July 2022 a house must have at least 142 points to be rented out in the free sector. Of these, at least 96 points (142 x 67%) must come from the surface area of the house, the energy label and the "cog points for luxury features". And so the WOZ value becomes considerably less decisive in determining the number of points and thus the height of the rent.

Which homes are most at risk of falling back into the social sector?
Especially in big cities, where the houses are often smaller and older (so often with a poor energy label), this can have considerable consequences for the rent. After all, there the high number of points you currently receive for the WOZ value often ensures that a house almost always has enough points to rent in the free sector. But in fact all relatively small home are in the danger zone, unless there is a pretty good energy label.

What can you do if you rent out a small house and after May 1, 2022 you no longer have sufficient points?
You usually can't change much about the size of the house. Then there are only 2 things you can do to still achieve sufficient points for the free sector:

1) If you still do not have an energy label (it has been required for years!), then arrange for it as soon as possible. Firstly, you will not be fined for renting out without an energy label, but you will also receive quite a few points for a good energy label. If you have a poor energy label, f.i. energy label F, you can check with an advisor what the possibilities are for making the house more energy efficient and thus improving the energy label. So that you may still have enough points to rent out in the free sector. Of course that costs money. But if you are now renting for € 1,500.00 and your rent per May falls back to € 750.00, that will also cost a lot of money every month.
We can arrange an energy label for you for € 289,00 incl. VAT (house up to 100 m2, above that higher prices apply).

2) If you are only a few points short, you can look if you can make the house more luxurious. For example, you get points for the length of the countertop, for a thermostatic faucet, etc. If you carry out the point calculation of the tenancy committee, you will see exactly how many extra points you can rack up by making the property more luxurious.

You do not have enough points and still want to continue renting in the free sector
Of course you can run the risk of continuing to let in the free sector after May 1, despite the fact that you have too few points. You then run the risk that your tenant will go to the tenancy committee, which will reduce the rent to the amount that corresponds to the number of points. In that case we would advise you to always give the tenant a temporary lease for a maximum of 2 years, so that the rent is guaranteed to end once. If the tenancy committee reduces the rent substantially and your tenant has a contract for an indefinite period, you will probably be stuck with the tenant for a very long time. After all, there is a very large shortage of social housing and therefore a waiting list of about 18 years. And you will probably have to add quite a bit of money to the rent every month.

Exceptions
The continuous mush of new regulations in the rental market is already difficult enough, but the Netherlands would not be the Netherlands if there were not all kinds of exceptions to this rule:
*In all cases the point system is based on a WOZ value. If the WOZ value is not known or is very low, then a fixed WOZ calculation value is used in the points determination. As of July 1, 2021, this value is at least € 55,888 (until July 1, 2022) or € 61,198 (as of July 1, 2022). In practice, the WOZ share in the points calculation can thus be slightly higher than 33%.
*For small newly built houses in the so-called 'COROP-regions Amsterdam and Utrecht' a different allocation of WOZ-points applies. These are houses with a floor area smaller than 40m2, with a construction year from 2018 up to and including 2022. For these homes, the WOZ value leads to a higher valuation. These homes receive more points for the WOZ per surface area.
*For specific newly built homes, intended for liberalization, a different allocation of WOZ points also applies. This concerns newly built homes completed in the calendar years 2015 through 2019 where the home has at least 110 points for all other components than the WOZ value. For these homes, at least 40 points are allocated for the WOZ value in all cases.

Point count tenancy committee
Are you not sure? You can calculate your number of points here.

Please note that this is for independent living spaces. There is a separate scoring system for non-independent living spaces such as student rooms. Fill in everything as accurately as possible, but keep in mind that, excluding the points for the WOZ value, you must obtain at least 96 points (142 points x 67%) to be allowed to rent in the free sector after May 1.