A Broad Category for Non-Residential Property
'Commercial lease' (huurovereenkomst voor bedrijfsruimte) is a broad category that covers the rental of any property that is not intended for residential living. This includes a vast range of spaces such as offices, warehouses, factories, workshops, and storage units. It's a contract between two professional parties for the purpose of conducting business. It is crucial to understand that the extensive, robust tenant protection (huurbescherming) that defines residential renting in the Netherlands does not apply to commercial leases. The legal framework assumes that both parties are professional entities capable of negotiating their own terms, leading to a contract that is much more favorable to the landlord.
The Two Types of Commercial Lease Law
Dutch law actually splits commercial leases into two categories. The first, for retail and hospitality spaces (winkelruimte), has its own specific set of rules offering a degree of protection for the tenant's business location. The second, which covers all other commercial properties like offices and industrial space (overige bedrijfsruimte), is governed by a more general and far more liberal legal regime. Under this regime, the parties have almost complete freedom of contract. This means that the terms of the lease document itself are paramount, and there are very few mandatory legal protections for the tenant regarding things like rent increases or termination.
Why You Can't Live There
Apart from the lack of tenant protection, attempting to live in a property rented under a commercial lease is prohibited for several practical and legal reasons. Zoning Laws (Bestemmingsplan): Municipal zoning laws strictly regulate what a property can be used for. A building designated as 'office space' cannot legally be used as a primary residence. Building Codes (Bouwbesluit): The technical requirements for a residential building (e.g., regarding ventilation, daylight, and safety) are different and often stricter than those for a commercial space. A commercial property may not meet the legal standards for habitation. The Contract: The lease itself will explicitly state that the property is to be used for business purposes only, and using it as a home would be a direct breach of contract, leading to immediate eviction.
