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Table of contents | Breakdown book Service costs Valuation system independent living accommodation Valuation system of non-self- contained accommodation Rent increase after home improvement Rent Commission Breakdown book Version July 2022 Rent Commission Book of Defects 2 Table of contents Foreword 3 Chapter 1 - Introduction 4 Chapter 2 - Legal framework 5 2.1 Defects in a living space 5 2.2 Defects and shortcomings outside the landlord' s maintenance obligation 6 2.3 Three categories of defects 6 Chapter 3 - Procedural rules 8 3.1 Assessment of initial rent (7:249 DCC) 8 3.1.1 Investigation in case of initial rent review 8 3.2 Rent reduction on grounds of maintenance defects (7:257 DCC) 8 3.2.1 Investigation in case of rent reduction on grounds of defects 9 3.3 Engaging external expert 9 3.4 Effective date of temporary rent reduction 10 3.5 Duration of rent reduction 10 Chapter 4 - Category A, B and C defects 11 4.1 Category A - very serious defects to and deficiencies regarding the living space 11 4.2 Category B - serious defects to and deficiencies regarding the housing accommodation 14 4.3 Category C - other serious defects to and deficiencies with regard to the living space itself 16 4.4 Additional provisions for caravans and pitches 19 Chapter 5 - Supplementary C-list 20 5.1 Table of contents supplementary list Category C 20 5.2 Supplementary list to Category C 21 Chapter 6 - Temporary rent reduction 37 6.1 Maximum temporary rent reduction 37 6.2 Situations where a less far-reaching rent reduction may be pronounced 37 6.3 Multiple defects in home 40 6.4 No rent increase possible in case of defects 40 Annex - Glossary 41 Rent Commission Book of Defects 3 Foreword The Rent Commission is an independent administrative body whose tasks include ruling on the rent to be charged for defects. In performing this task, the Rent Commission must comply with laws and regulations. In recent years, the practical elaboration of these provisions has led to implementation policies. This defects book aims to provide insight into The implementation policy of the Rent Commission regarding the categories of defects and deficiencies that can occur in a rental property and the corresponding rent reduction. This sets out the policies that the Rent Commission assumes. The Rent Commission will therefore act in accordance with these policy lines and will only deviate from them, with reasons, insofar as the dispute at hand requires this because of disproportionate consequences for the interested party or parties in the event of full application of this policy. A new version of the defects book will be issued on a regular basis due to new legislation or amendments to the implementation policy. This version of the defects book applies to the procedure under Article 7:257(2) of the Civil Code to those cases where the tenant made the defect notification on or after 1 July 2022. For proceedings under Article 7:249 of the Civil Code, this version of the defects book shall apply to those cases where the effective date of the lease falls on or after 1 July 2022. The Rent Board, dated 1 July Rent Commission Book of Defects 4 Chapter 1 - Introduction This defects book explains how the Rent Commission handles a dispute and reaches a decision when a tenant and landlord disagree on the rent if there are defects. The defects book is a policy document of the Rent Commission and plays a role in two proceedings: • rent reduction on grounds of maintenance defects as follows from Article 7:257(2) of the Civil Code (hereinafter: BW); • test initial rent as follows from Section 7:249 of the Civil Code. The legal basis of the defects book can be found in Article 3a, paragraph 3 of the Housing (Tenancy Rates) Implementation Act (hereinafter Uhw) and Article 6, paragraph 2 of the Housing (Tenancy Rates) Decree (hereinafter Bhw). With the defects book, the Rent Commission provides insight into its implementation policy regarding serious defects and shortcomings that may occur in a rental property and the corresponding reduction of the rent. The structure of the defects book is as follows. Chapter 2 contains the legal framework applicable to procedures assessing initial rent (7:249 DCC) and rent reduction on the grounds of maintenance defects (7:257 (2) DCC). It discusses the term 'defect', which defects the landlord does not have to remedy and the three categories of defects. Chapter 3 briefly discusses the procedural rules to promote an orderly and expeditious resolution of the dispute. Chapter 4 contains the three lists of defects set out in Schedule II to the Bhw, with explanations from the Rent Commission. These lists of defects distinguish between categories A, B and C. The category A list of defects are very serious defects and deficiencies. The category B list contains the serious defects and deficiencies. The category C list contains other serious defects and deficiencies. This distinction is important in view of the maximum temporary rent reduction that can be pronounced by the Rent Commission. • In case of a Category A defect, the Rent Commission can temporarily reduce the rent to a maximum of 20% of the set/running rent. • For a Category B deficiency, the Rent Commission can temporarily reduce the rent to a maximum of 30% of the set/rated rent. • In case of a Category C defect, the Rent Commission can temporarily reduce the rent to a maximum of 40 per cent of the set/running rent. The explanation of each defect explains how the Rent Commission interprets the different categories of defects as listed in the law. Unlike the A and B categories, the defects in the C category are not exhaustive. The Rent Commission has been given the option to add to the C category. The C category therefore consists of two parts: 1) the other serious defects and shortcomings as follows from Schedule II Bhw and 2) a supplementary C list, drawn up and maintained by the Rent Commission. Chapter 5 contains this supplementary C-list. Chapter 6 discusses the Rent Commission's implementation policy towards regarding its power to issue a temporary rent reduction on the rent. Finally, in the appendix, we explain some construction terms found in this defect book. Rent Commission Book of Defects 5 Chapter 2 - Legal framework The Rent Commission is tasked with ruling on the rent to be charged for defects. In two proceedings, namely rent reduction on the grounds of maintenance defects (Section 7:257(2) of the Civil Code) and verification of initial rent (Section 7:249 of the Civil Code), the Rent Commission has the power to pronounce a temporary rent reduction if there is a defect in the housing accommodation. This chapter explains what is meant by a defect by the Rent Commission and which defects can lead to a rent reduction. It also discusses which defects and shortcomings are not covered by the landlord's maintenance obligation. Finally, the various categories of A, B and C defects are explained in more detail. 2.1 Defects in a living space If there are one or more defects in a rental property, this could be grounds for a rent reduction. 1 To assess whether there is a defect, it is necessary to know what is meant by 'a defect'. According to Section 7:204(2) of the Civil Code, the definition of a defect is: 'A condition or property or other circumstance of the leased property that cannot be attributed to the tenant, as a result of which the property cannot provide the tenant with the enjoyment that a tenant may expect upon entering into the contract' Moreover, it is important to know when there is a defect in a residential property. This is further elaborated in Section 7:241 of the Civil Code. This states that 'By or pursuant to a general order in council, it shall be determined which shortcomings shall be regarded as defects in each case. The provisions laid down pursuant to this article cannot be deviated from to the detriment of the tenant '. In the Bhw, the legislator included the so-called defect lists. These defect lists contain a list of defects that are considered defects in any case and which are included in Schedule II of the Bhw. If the tenant submits a request to the Rent Commission pursuant to Section 7:257(2) of the DCC or pursuant to Section 7:249 of the DCC, the Rent Commission will base its ruling on whether there is a defect that can lead to a rent reduction on the concept of 'defect' as follows from Section 7:241 of the DCC and is concretised in the lists of defects. This follows from Section 7:257(2) of the Civil Code and is confirmed in Article 1a Uhw where, in the definitions, it is explained that the term 'defect' is the same implies as in Section 7:241 of the Civil Code. This means that the term 'defect' in Section 7:241 of the Civil Code is less broadly defined than the term 'defect' in Section 7:204 of the Civil Code. For the Rent Commission, a defect as follows from the Uhw relates to a more limited category of defects than those falling under the description of Section 7:204(2) of the Civil Code. This defect book sets out what in any case is considered a 'defect' by the Rent Commission. These defects follow from Section 6 Bhw and Schedule II to the Bhw and the Rent Commission is also bound by them. These defects usually give rise to a temporary rent reduction until the defects are remedied, unless circumstances arise that do not justify a temporary rent reduction. 2 1 Article 7:257(2) BW and Article 16 Uhw. 2 See chapter 6 for more information on the temporary rent reductions the Rent Commission can issue. Rent Commission Book of Defects 6 2.2 Defects and shortcomings outside the landlord's maintenance obligation The following defects and shortcomings do not fall under the landlord's maintenance obligation. Therefore, they cannot lead to a temporary reduction of the rent on the grounds of maintenance defects. • Defects and shortcomings relating to facilities installed by the incumbent tenant at his own expense, so-called self-installed facilities. • Defects and shortcomings whose maintenance obligation is the responsibility of the tenant according to the agreement between tenant and landlord. For example, the incumbent tenant may have expressly accepted the maintenance obligation of a self-installed feature installed by the previous tenant. • Defects and shortcomings whose repair obligation of minor maintenance according to Art. 7:217 of the Civil Code are for the account and risk of the tenant. The Minor Repairs Decree details when the tenant in a residential property is responsible for minor maintenance. The annex to this decree contains a non- exhaustive list of activities to be considered minor repairs for which the tenant is responsible. 3 • Defects and shortcomings attributable to the tenant. For example, a defect may be caused by incompetent or improper use by the incumbent tenant. 2.3 Three categories of defects Annex II to the Bhw identifies three categories of defects: an A, B and C category. These categories describe the defects where the Rent Commission has the option to temporarily reduce the rent: • Category A: these are the very serious defects and deficiencies; • Category B: these are the serious defects and deficiencies; • Category C: this is a non-exhaustive 'residual category' containing other serious defects and deficiencies. This distinction is important because it determines the maximum temporary rent reduction the Rent Commission can pronounce. Read more about this in chapter 6. The defects in categories A and B are exhaustive. This means there is no legal basis for the Rent Commission to expand these categories to include other defects and deficiencies. The Rent Commission does provide an explanation of these defects in the defect book. 3 See Annex to Article 1 of the Minor Repairs Decree. Rent Commission Book of Defects 7 Unlike the A and B categories, the defects in the C category are not exhaustive. 4 For the C-category, the Rent Commission has the option to supplement it with other defects. Annex II of the Bhw uses the following criterion for this purpose: ' Serious defects and shortcomings in respect of the living accommodation that seriously harm the residential property but do not belong to the defects or shortcomings in categories A and B' . This means that the Rent Commission can supplement category C with serious defects or shortcomings that seriously harm the residential property. Category C thus consists of two parts: 1) the other serious defects and deficiencies as listed in Schedule II Bhw and 2) an additional C list, drawn up and maintained by the Rent Commission. The Rent Commission ensures That this additional C-list be regularly updated with defects that have been pronounced but not yet included in the C- list. 5 4 Schedule II Bhw. 5 This is in line with the explanatory note to the Decree of 6 February 1999, Stb. 1999, 69. Rent Commission Book of Defects 8 Chapter 3 - Procedural rules The procedural rules before the Rent Commission in respect of the two procedures in which the defects book plays a role are briefly discussed below: rent reduction on the grounds of maintenance defects as follows from Section 7:257(2) of the Dutch Civil Code and verification of initial rent as follows from Section 7:249 of the Dutch Civil Code. 3.1 Assessment of initial rent (7:249 BW) If the tenant submits a request referred to in Section 7:249 of the Civil Code, the Rent Commission rules on the reasonableness of the agreed rent. 6 In this procedure, the Rent Commission tests two issues. First, it determines whether the agreed rent is in reasonable proportion to the quality of the accommodation. The Rent Commission's policy on this aspect is further detailed in the policy books valuation system for self-contained and non-self-contained housing. Secondly, the Rent Commission tests whether there are serious defects that were present at the start of the rental agreement and whether these serious defects give reasons to temporarily reduce the rent. 7 It is not mandatory in these proceedings for the tenant to have reported the defects to the landlord. This is because the landlord can be expected to be familiar with the condition of the property at the time of entering into a new lease. The Rent Commission does expect the tenant to indicate in the petition the defects that were present in the property at the start of the lease. The Rent Commission will assess whether there are serious defects as follows from the defects book and, if so, whether the rent will be temporarily reduced. 3.1.1 Investigation in case of initial rent review The Rent Commission investigates whether there are serious defects in the housing unit. Usually, the defects in the property are investigated by a Rent Commission investigator, but this is not always possible and/or necessary. For example, it may happen that the tenant has since moved out, the defect has already has been repaired or if, in some cases, the Rent Commission does not have the technical knowledge and/or equipment to investigate the defect. The investigation is limited to the defects that were present at the start of the lease. If it is not possible for the Huurcommissie investigator to establish whether the defects were present at the start, this will be noted in the report of investigation. The reference date for the investigation is the condition at the time the tenancy agreement commenced. This means that defects that were not present at the start of the lease will not be taken into account by the Rent Commission. 3.2 Rent reduction on grounds of maintenance defects (7:257 DCC) If the tenant applies for a rent reduction on the grounds of maintenance defects, the Rent Commission will rule on a temporary reduction of the rent due to maintenance defects. 8 To do so, the tenant must first inform the landlord in writing about the defects in the living accommodation. The Rent Commission calls this a defect notice. The landlord then has six weeks to make this to remedy defects. If the landlord has not remedied the defects within the six-week period, 6 Article 11(3) Uhw. 7 Article. 4(2)(a) Uhw jo. Article 12 Uhw. 8 Article 4(2)(e) Uhw. Rent Commission Book of Defects 9 then the tenant can submit a request 'Rent reduction on grounds of maintenance defects' to the Rent Commission. 9 The Rent Commission will assess whether there are serious defects as follows from the defects book and, if so, whether the rent will be temporarily reduced. 10 3.2.1 Investigation in case of rent reduction on grounds of defects The Rent Commission investigates whether there are serious defects in the housing unit as named in the defect book. Usually, the defects in the dwelling are investigated by an investigator from the Rent Commission, but this is not always possible and/or necessary. For example, it may happen that the tenant has since moved out, the defect has already been repaired or if the Rent Commission does not have the technical knowledge and/or equipment to investigate the defect. An investigation in the living space is then not useful. 11 The investigation is limited to the listed defects in the defect notice, also known as notification, to the landlord. Other defects not mentioned in the defect notification to the landlord will only be included if these defects are of 'such a nature or coherence that they are should have been known to the landlord even without the written notice'. 12 The reference date for the investigation is the condition at the time the tenant sent the defect notification to the landlord. 13 This means that any defects not mentioned in the defect notification will in principle not be taken into account by the Rent Commission. 3.3 Engaging external expert In many cases, the Rent Commission has sufficient technical knowledge to establish the presence of a listed defect or deficiency. In some cases, the Rent Commission does not have the necessary equipment and/or specialist knowledge to determine the defects. In that case, the tenant (the asserting party) must prove that there is a defect. The tenant must then have an investigation conducted by an independent and expert agency (possibly in cooperation with the landlord) itself to prove the defect. If the tenant cannot provide the so-called expert report, the Rent Commission will not be able to establish that there is a defect. In this case, the request to pronounce a temporary rent reduction due to the complaint in question will not be honoured. Tenants should have an independent and expert agency investigate for the following defects surveys: • An acoustic survey related to severe noise nuisance or insufficient noise insulation (defects C3 and C7); • structural inspection report with regard to the functioning of the drain (defect B4); • examination of the capacity of technical installations, such as a heating system, lift or central heating boiler (defects C2, Cqa and Cqc); • inspection report on loose wiring and/or insufficient shielding of wiring (defect Cqb1); • examination for lead content in drinking water (Cqd3). The tenant must prove this defect via an expert report if lead pipes are not visually visible; • investigation of insufficient hot water in an individual hot water supply (Cqd1 and Cqd2); • investigation of the cold water system in connection with an increased risk of legionella bacteria (Cqd4); • Expert report on heat nuisance within living quarters. 9 Article 7:252(2) BW jo. article 16 Uhw. 10 Article 16 Uhw. 11 See section 3.3 for more information. 12 Article 16(2) Uhw. 13 Article 16(2) Uhw. Rent Commission Book of Defects 10 3.4 Effective date of temporary rent reduction The Rent Commission determines whether and, if so, which defects lead to a rent reduction and which rent, given these defects, is reasonable This applies to requests to have the initial rent reviewed in the case of a new contract (Section 7:249 of the Civil Code) and in the case of rent reduction on the grounds of defects (Section 7:257 of the Civil Code). If the Rent Commission grants a temporary rent reduction, the reduction will take effect at the following time: • In the case of a request under Section 7:257 of the Civil Code: on the first day of the month following the month in which the tenant reported the defects to the landlord. 14 Hereby, no temporary rent reduction can be claimed for a period longer than six months prior to the filing of the petition. • In the case of a request under section 7:249 of the Civil Code: on the commencement date of the lease. 3.5 Duration of rent reduction After the defects mentioned in the ruling have been remedied, the temporary rent reduction will no longer apply from the first day of the month following the month in which these defects were remedied. If the tenant and the landlord have a difference of opinion on whether or not the defect has been remedied, the landlord can request the Rent Commission to rule on the matter. 15 The landlord can submit the petition 'Notification repairing defects' to the Rent Commission. In doing so, the not possible to pronounce the termination of the temporary rent reduction over a period longer than six months prior to the filing of the request. 14 Article 16(3) Uhw 15 Article 16(4) jo. article 12(5) Uhw. Rent Commission Book of Defects 11 Chapter 4 - Category A, B and C defects Chapter 4 contains three lists of defects, as listed in Schedule II to the Bhw. These lists are accompanied by explanatory notes from the Rent Commission. In section 4.1 the category A list, in section 4.2 the category B list and in section 4.3 the category C list. Section 4 names the additional conditions for caravans and pitches. The defects in categories A and B are exhaustive. This means that there is no legal basis to expand these categories to include other defects and deficiencies. The defects in the C-list are not exhaustive. Chapter 5 contains the Rent Commission's additions to the C-list. In the tables below, the text of the relevant defect or shortcoming to or in respect of the housing accommodation is given in the left-hand column. The right column contains an explanation by the Rent Commission to clarify the described defects and shortcomings. The explanatory notes may refer to the relevant sections and articles of the 2012 Building Decree. 16 4.1 Category A - very serious defects to and deficiencies with regard to the housing accommodation Annex II to the Housing Rents Decree Very serious defects/deficiencies (cat. A) Description/Explanation 1. There is no connection of the living quarters constituting an independent dwelling to the public wastewater sewer, as referred to in section 6.4 of the Building Decree 2012, or to an alternative treatment system for household waste. An air and watertight sewerage system should be present within the living space or residential building. Instead of connecting to the public sewerage network, an alternative system could be to discharge to open water via a septic tank. The above applies to self-contained and dependent living quarters as well as to caravans and pitches (Chapter 6, Section 6.4, Articles 6.15 and 6.16 of the Building Regulations 2012). It should be noted that a so-called chemical toilet should be regarded as movable (no connection to a (drinking) water supply and sewage system). 2. There is no possibility of supplying fresh air and exhausting indoor air from the toilet room, the room in which the cooking ge- unit is located, the main living area, sleeping area or bathing area referred to in paragraphs 3.6.2 and 3.8.2 of The 2012 Building Code. In an accommodation room, toilet room and bath room, air exchange should be possible by means of fresh air supply and indoor air exhaust. For a toilet or bath room, the exhaust of indoor air should take place directly to the outside. For the supply of outside air and the removal of inside air to and from an accommodation space, indirect supply and removal is also permitted, for example via another accommodation space or a traffic space. The said deficiency relates exclusively to the presence or absence of ventilation facilities as referred to in Chapter 3 section 3.6.2 art. 3.37, 3.38 and 3.40 paragraphs 4 and 5 BB2012. Insufficient ventilation is addressed in Category C under item [1]. 16 Stb. 2011. 416, entered into force on 1 April 2012, last amended b y the Decree of 11 November 2021. Rent Commission Book of Defects 12 Very serious defects/deficiencies (cat. A) Description/Explanation 3. There is no daylighting in the main living or sleeping area, as referred to in Chapter 3 section 3.11.2 of The 2012 Building Code. This means that there is no daylight access at all in the aforementioned rooms as referred to in Chapter 3 section 3.11.2 BB2012. Insufficient daylight access is addressed in Category C under item [5]. 4. a. There is not a toilet room as referred to in paragraph 4.2.2 of the 2012 Building Decree that is equipped with a toilet bowl connected to the supply of waste water and faeces, and of a water flushing facility which is connected to the drinking water supply. b. There is for the benefit of the living space which is not an independent dwelling, not a toilet room, as referred to under a. For a plot (section) to qualify as living accommodation, at least a lockable toilet (communal or otherwise) must be present (Chapter 4 section 4.2.2 BB2012). A toilet room should have a minimum floor area of 0.64 m², with a width of at least 0.6 metres and a height above the floor of at least 2 metres. The area is measured at floor level (NEN 2580). Independent living space: Under the BB2012, the private toilet does not necessarily have to be present within the living space or residential building, but can also be located, for example, in the outdoor storage room. Non-self-contained housing: A communal toilet should, under the BB2012, only be accessible via one or more enclosed communal traffic areas. Residential caravan/stand: There shall be at least one lockable toilet room in the trailer or in a building located on the pitch. 5. a. There is no washing facility (a bathtub, shower or washbasin) in the living accommodation which forms an independent dwelling that, inter alia which, is connected to the sewage and faeces supply and equipped with a tap connected to the drinking water supply. b. There is no washing facility, as referred to under a, for the benefit of the living space which does not constitute an independent dwelling. For the purpose of living quarters, there is present at least: a bath, shower or washbasin connected to the sewage system and equipped with a cold water tap placed above it and connected to the drinking water supply. The stated minimum requirements apply to both an independent living accommodation, a non-independent living accommodation and a caravan or pitch. In the case of non-independent living quarters, at least one shared bathroom space must be present. Separate refers to the space here, the use may be communal. A bathing room or washing facility may be joined with a toilet room. Thus, a toilet room may qualify as a bathing room if it is also equipped with at least a washbasin. A toilet room with a fountain is not a bathing room. A washbasin in another room, e.g. in a bedroom, may qualify as a washing facility. A kitchen with a sink cannot (partly for hygiene reasons) be classified as a washroom/bathroom. A shower cubicle connected to the sewage system and drinking water supply should be classified as a bathing space, regardless of in which room it is placed. If a shower cubicle is classified as a separate bathing area, it should also meet the ventilation requirements to be imposed on it. If the shower cubicle is installed in a separate room, this room should meet the requirements for a bathroom. A separate bathroom should be lockable. The area is measured at floor level (NEN 2580). Rent Commission Book of Defects 13 Very serious defects/deficiencies (cat. A) Description/Explanation 6. There is not a place for a sink and a place for a cooker in the living area which forms an independent dwelling. in section 4.7.2 of the 2012 Building Decree, provided with a countertop with a sink connected to the waste water and faeces disposal facility and with a tap connected to the drinking water supply. A cooking facility (being able to prepare food) should be provided according to chapter 4 afd. 4.7.2 art. 4.41 and 4.42 subsection 1 BB2012 shall consist at least of a kitchen sink and a cooking appliance location in a confined space. Minimum requirements in housing: Location within the living space. The minimum size of the countertop siding is 0.7 metres long and 0.4 metres wide. Countertop should have a sink connected to the sewage system with a tap above the sink connected to the drinking water supply. The minimum size of the cooking cooker set-up area is 0.4 x 0.4 m. Additional requirements in common use: Location in an enclosed communal space. Minimum dimensions are subject to the same requirements as residential space. Requirements at caravans or pitches: There must be cooking facilities in a caravan or in a building on the pitch. There must be at least one countertop with a sink and a place for a cooking device (countertop equipped with a sink and connected to the sewage system and drinking water supply). Minimum dimensions are subject to the same requirements as residential space. 7. The entrance to the living quarters constituting an independent dwelling or the entrance to a room in the living quarters not constituting an independent dwelling that opens onto the common room shall not be lockable. This refers to the closability of doors and windows that form the boundary between common areas and private areas and/or that form the boundary between indoor and outdoor areas. This locking must be such that in the absence of the occupant, the independent living space or, in the case of a non-independent living space, the private area cannot be entered by third parties This means that the entrance door(s) to the independent living space and the entrance door(s) to the private areas of the non-autonomous living space should be lockable on two sides. All other doors and windows that form the boundary between communal and private areas and between inside and outside should be lockable at least on the inside. Internal doors located within the private area need not be lockable. If the toilet room, which belongs exclusively to the self-contained or to the dependent living space, is located outside the living space (e.g. on the communal landing), the door must be lockable on two sides. 8. As a result of the condition of the foundation of the dwelling, the chassis of the trailer, the soil of the pitch for the trailer, the walls of the dwelling, the walls of the trailer, the roof, the stairs, the floors, the chimneys, balconies, galleries or railings are located, due to the associated safety hazard and residents' health unfit for habitation. The enumeration is not cumulative. In the presence of only one of the aforementioned situations, a serious defect or deficiency can already be assumed. Rent Commission Book of Defects 14 4.2 Category B - serious defects to and deficiencies with regard to the housing accommodation Serious defects/deficiencies (cat. B) Description/Explanation 1. In relation to residential premises, there is a duty to make provision pursuant to a decision under section 13 of the Housing Act, or a decision to impose an administrative coercion order or penalty payment order for breach of the provisions under or pursuant to section 1a, 1b, 7b, or 13 of the Housing Act, insofar as the relevant provisions have not yet been made and insofar as the obligation to make those provisions is fulfilled underlying defects or deficiencies seriously impair the living enjoyment of the rented accommodation. 2. In kitchen, living or sleeping quarters, due to the structural condition of the living space, there is condensation, seepage or rising damp, causing mould or wood rot in beams or floorboards to such an extent that the usability of these rooms has been seriously affected. Moisture and mould on walls/ceilings/floors and/or beams, floorboards, skirting boards or window frames affected by wood rot should be considered as serious. In general, the Rent Commission assumes a serious defect if the moisture and mould formation has an area of 0.25 m² or more. It should be noted that only the kitchen, living or sleeping areas are meant here. The bath room is included in Category C (extended list) under Nb3. 3. The usability of the living space is seriously impaired due to leakage from the outer shell of the living space causing rainwater to enter the living space. In principle, a building or trailer intended for habitation should be wind and watertight (Chapter 3 section 3.5.2 BB2012). 4. Due to the structural condition of the drain for the main heating system, the drainage of the smoke or combustion gases, that the habitability of living space is seriously impaired. The insufficient functioning of the flue for smoke and combustion gases can result in accumulation of toxic gases, posing a direct danger to the health of the occupant (Chapter 3 section 3.8.2 BB2012). Analysis of the air in the living space can determine whether there is a health hazard. Rent Commission Book of Defects 15 Serious defects/deficiencies (cat. B) Description/Explanation 5. There is such a misalignment of external walls of the dwelling or external walls of the trailer or such a slope of floors or such a condition of ceilings due to subsidence or internal walls that the habitability of the living space is seriously impaired. For the purposes of this defect, such misalignment or slope shall generally mean a misalignment or slope of 15 mm or more per m 2 The defects listed here must be present cumulatively. More than one defect already constitutes cumulation of defects. If, for instance, the floors have such a slope, it should also be demonstrated that there are clamped doors or windows and/or (expansion) cracks in the walls. It should be noted that the presence of only one of the listed defects may well constitute a defect under Category C. 6. The sewerage system does not function or functions in such a way that the habitability of the living space is seriously impaired. A living space or residential building (trailer or pitch) must have a facility for the disposal of household waste connected to the public sewer or alternative heating system (Chapter 6 section 6.4 BB2012). Sewerage system means the entire piping system present in the living space or residential building for the disposal of waste water and faeces up to the plot boundary or public sewer. It should be noted that unblocking due to a technical defect should be considered the landlord's obligation under the regulations (Article 7:204-7:210 of the Civil Code). 7. Due to the fact that the floor directly above the ground does not seal, a continuous and such an odour nuisance occurs within the living space that habitability is seriously impaired. The living area must have an almost permanent presence of odours typical of inadequate soil sealing. 8. There is such an accumulation of maintenance defects, such as: very poor condition of exterior painting at all facades, severe wood rot in window frames and windows, poor condition of jointing and brickwork of the facades, severe keeling of external doors and windows and very poor condition of the roof, gutters, overhangs and chimneys, that the habitability of the living space is seriously impaired. If there is more than one defect, there may already be an accumulation of defects that seriously impair habitability. In principle, this concerns only hull defects. It should be noted that the presence of only one of the listed defects may constitute a Category C defect. Rent Commission Book of Defects 16 4.3 Category C - other serious defects to and deficiencies regarding the housing unit itself The living accommodation presents a defect that or a deficiency that: a. is not among the defects or deficiencies referred to in categories A and B, and b. seriously harms residential amenity, which is the case, for example, of: Other serious defects/deficiencies (cat. C) Description/Explanation 1. insufficient possibility of ventilation of toilet, cooking facility, bath or shower room or living or sleeping area causing severe odour and moisture nuisance; Minimum requirements for the supply and return air of toilet, bath room and accommodation spaces is based on Chapter 3 section 3.6.2 art. 3.37, 3.38 paragraph 1 and paragraphs 3 to 7 and Art. 3.40(4) and (5) BB2012: Toilet: minimum supply and return air 7 dm 3 /s or 7 litres per second. Air extraction takes place directly to the outside. Bath room or combined toilet/bath room: minimum supply and return air 14 dm 3 /s or 14 litres per second. Air extraction takes place directly to the outside. Accommodation area in which the cooker is located: minimum air inlet and outlet 21 dm 3 /s or 21 litres per second. Air extraction takes place directly to the outside. Other accommodation areas: minimum air supply and exhaust 0.7 dm 3 /s/m² or 0.7 litres per second per square metre of floor area with a minimum of 7 dm³/s. Supply and return air may therefore take place indirectly via an interior space or traffic area. It is noted that this defect/shortcoming in this context only occurs if odour and/or moisture nuisance (often combined with mould formation) occurs as a result of insufficient ventilation facilities. 2. a heating system that provides insufficient heat output in one or more heated rooms of the living space so that adequate heating is not possible for the use for which that room or those rooms are intended; The starting point is the actual rented situation or the intended use of the various rooms at the start of the lease. In any case, the temperature should be the one calculated at the time of construction of the installation. In general, the Rent Commission will follow the applicable standards: At an outdoor temperature of - 10 C ̊, it should be possible to maintain the temperatures below of all rooms to be heated: • Living room20 C ̊ • Kitchen20 C ̊ • Toilet15 C ̊ • Entrance15 C ̊ • Overflow15 C ̊ • Bedroom18 C ̊ • Bathroom22 C ̊ Any changes made by the tenant during the rental period (e.g. merging rooms) that affect the proper functioning of the installation should be disregarded. Rent Commission Book of Defects 17 Other serious defects/deficiencies (cat. C) Description/Explanation 3. continuous serious noise nuisance from technical installations belonging to the living space or residential building; (Chapter 3, section 3.2, art. 3.8 and art. 3.9 BB2012) Serious noise nuisance due to technical installations (in the case of a toilet with a water flush, a tap, a mechanical ventilation system, a water heater, an installation for increasing water pressure or a lift) only exists if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a residential area located on an adjoining plot, when the installation in question is in operation, exceeds 30 dB. Serious noise nuisance caused by the technical installations belonging to the dwelling (in case of a mechanical device for ventilation, heat generation or heat recovery) only exists if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a non-communal living area of the use function, when the relevant installation is in operation, exceeds 30 dB. Serious noise nuisance caused by the technical installations belonging to the dwelling (in the case of a toilet with a water flush, a tap) shall only exist if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a non- common habitable area of an adjoining residential function locat