What is a commercial lease (bedrijfsruimtehuur) under Dutch law?

Dutch term: Bedrijfsruimtehuur | Legal basis: Articles 7:290-7:310 BW

A commercial lease (huur van bedrijfsruimte) for retail and hospitality premises under Dutch law is heavily regulated by articles 7:290 to 7:310 of the Dutch Civil Code. The tenant has strong statutory protections including a minimum lease term (two consecutive periods of five years), rent review rights, and limited grounds for termination by the landlord.

For office space and other non-retail commercial premises ('230a space'), the protections are lighter: articles 7:230a BW provides only evacuation protection (ontruimingsbescherming) of up to three years. The distinction between 290-space and 230a-space depends on the nature of the premises and the intended use, and can have significant financial consequences.

Why it matters for international businesses

For international businesses setting up operations in the Netherlands, the type of commercial lease determines the level of tenant protection. Getting the characterisation right before signing is essential.