Questions and answers - - Bouwhuis Energielabels

What is the rental points count?

The rental points count is a method to calculate the number of points awarded to a rental property based on various characteristics of the property. These points are important because they are used to determine the maximum rental price of the home according to the Home Valuation System (WWS). The more points a home has, the higher the maximum rental price may be. The rental points count takes into account factors such as surface area, insulation, amenities, and other specific characteristics of the home.

What is the home valuation system (WWS)?

The Home Valuation System (WWS) is a system in the Netherlands that is used to determine the maximum rental price of an independent rental home. The system is based on points awarded to various characteristics of the home, such as surface area, amenities, insulation, energy efficiency, and other specific criteria.

The WWS is used to determine whether a home falls in the social rental sector or in the private sector. Homes that meet certain criteria and achieve a certain number of points fall under the liberalization limit and can be rented out in the private sector. The points that a home receives according to the WWS also determine the maximum rent that a landlord can charge for the home.

When does a home fall into the free or liberalized sector?

A rental property falls into the free or liberalized sector if it meets certain criteria according to the housing valuation system (WWS) and achieves a certain number of points. To be specific:

Number of points: The property must achieve a certain number of points according to the WWS. Until December 31, 2023, independent rental properties had to achieve at least 142 points to qualify for the private sector. From January 1, 2024, this has been increased to 187 points.
Rent price: If the property has more points than the required minimum, the landlord may charge a rent that is above the liberalization limit. Until December 31, 2023, this limit was around €750 per month, but from January 1, 2024, this limit has been increased to approximately €1,000 per month.

If a rental property meets these criteria, this can be rented out as a deregulated home and falls into the private sector.

Can a tenant have a rental points count carried out?

Yes, a tenant can have a rental points count carried out in the following cases:

Dispute about the rental price : If a dispute has arisen between the tenant and the landlord about the rental price of the property, the tenant can request a rental points count to have the maximum rental price determined in accordance with the Housing Valuation System (WWS).
Checking the rental price : A tenant can request a rental points count to check whether the rent requested is in accordance with the number of points that the property should have according to the WWS.
Adjustment of the rent : If the tenant believes that the rent is not in proportion to the quality and characteristics of the home according to the WWS, a rental points count can help to propose a possible adjustment of the rent.

In short, a tenant can have a rental points count carried out to check the accuracy of the rental price and to resolve any disputes with the landlord about the rental price.

What is the WOZ restriction and what should landlords pay attention to?

The current WOZ restriction, which has been in force since May 1, 2022, means that many homes that were previously rented in the private sector no longer fall into this sector. This restriction means that homes with a WOZ value above a certain limit may no longer be rented out as a private sector home.

Landlords must now be extra alert to the WOZ value of their homes. If the WOZ value exceeds the established limit, the home is no longer included in the private sector. This has consequences for the maximum rental price and the regulations that the landlord must comply with.

Landlords must therefore keep a close eye on the WOZ value of their homes and, if necessary, take action to put their homes in the private sector. to be able to rent out, for example by taking sustainability measures that influence the WOZ value.

What do energy labels have to do with all of the above?

The connection between the rental point count, the Home Valuation System (WWS) and energy labels is that the energy label is part of the home valuation according to the Home Valuation System (WWS).

This system determines the number of points that a rental property receives on the basis of various aspects, including the energy label. These points are used to determine the maximum rental price of a home.
The energy label of a home influences the number of points in the WWS.

A more favorable energy label leads to more points, while a less favorable label yields fewer points. For example, a home with an energy label A will receive more points than a home with an energy label G.

The rental points count therefore takes into account the energy label as one of the factors that determine the quality and value of the home according to the WWS. This has direct implications for the maximum rental price that may be asked for the home.

How many rental points do you need for the private sector?

For a rental property to fall into the private sector, a minimum of 142 points is usually required according to the Housing Valuation System (WWS). This number of points determines whether a home falls in the regulated (social) rental sector or in the free sector, where the landlord is free to determine the rent. In some municipalities, especially in areas of scarcity, a higher number of points may be required, such as 143 or more. It is important to have the rental points accurately determined by means of an official rental point count before the rental price is determined.

What is the danger zone that I as a landlord should pay attention to?

Many apartments, especially those from the pre-war period, no longer fall within the free rental sector due to the WOZ limitation (see FAQ above). This issue particularly affects apartments in major cities such as Amsterdam, Utrecht, The Hague, and Rotterdam. The typical risk zone usually includes:

Usable area: 40m2 to 100m2
WOZ value: €275,000 to €700,000
Energy label: B to G

Below is an example of the impact of the WOZ limitation as of May 1, 2022.

Property Characteristics	Without WOZ Limitation	With WOZ Limitation
Usable area	52	52
Heating and installations	5	5
Energy performance	16	16
Kitchen	13	13
Sanitary facilities	9	9
Private outdoor space	-4	-4
WOZ value	65	45
National monument	0	0
Total	156	136

This example clearly shows that a typical pre-war apartment, which previously fell well within the free sector because it easily scored more than 142 points, no longer falls within this sector since May 1, 2022, with only 136 points. Therefore, during a rental change, it is advisable to first perform a rental points assessment to ensure the status of the apartment in the free sector.

What if you implement a rental price change without counting points?

As a landlord, you run a risk if you implement a rental price change without first having a rental points count carried out. This risk means that the rental price may not be in accordance with the maximum rental price permitted under the Housing Valuation System (WWS). If the rent exceeds the maximum rental price based on the number of points the property has, this may lead to legal disputes with the tenant. In addition, tenants can object to an unfairly high rent, which can result in refunds and possible fines for the landlord. It is therefore important to always first carry out a rental points count before implementing a rental price change.

What is the impact of the change in law on mid-rental regulation?

The change regarding the 187-point mid-rental regulation has not yet been definitively adopted, but the plans were proposed by Hugo de Jonge, Minister for Housing and Spatial Planning, in a letter to the House on December 9, 2022. Due to the political situation in which the cabinet must be re-formed, the implementation of the law may have to wait a while. It is therefore advisable to closely monitor developments and make timely preparations for possible changes in regulations.

Should this law be definitively implemented, the impact of the new legislative changes with regard to the 187 points of mid-rental regulation are significant for landlords of homes in the private sector. From that moment on, only homes with 187 or more points will still fall into the private sector, with a rental price of approximately €1,000 per month. This means that many landlords and real estate investors fear that their homes will no longer fall into the private sector.

By taking the right sustainability measures, such as improving the energy label and carrying out other adjustments, homes can often still be remain in the private sector and are rented out for higher rents. It is important for landlords to analyze their real estate portfolio and, if necessary, make adjustments to comply with the new regulations and keep the properties attractive for rental in the private sector.