Is NEN 2767 condition assessment mandatory?

Short answer: the standard itself is not mandatory, but a maintenance plan for an owners’ association (VvE) can be. NEN 2767 is a standard from NEN , and you choose whether to use it. You can find the overview of the standard on NEN 2767 condition assessment.

The legal basis for VvEs is in the Housing Act (Woningwet). Article 12d gives the municipal executive (college van burgemeester en wethouders) the power to require a VvE to have a maintenance plan drawn up. That article applies since 1 January 2024. See wetten.overheid.nl . You can read what a multi-year plan looks like on MJOP based on NEN 2767.

Article 12d refers to a maintenance plan, not to an MJOP under NEN 2767. Whether your VvE must make an MJOP is set out in the VvE’s regulations. Check that first.

What does Article 12d of the Housing Act say?

The article does not apply to every VvE. The municipality steps in if the VvE has no plan of its own and liveability in the area is under pressure. After that, the following rules apply.

Part	What the article says
When can the municipality step in?	If the VvE has no maintenance plan for the building and liveability in the area is under pressure, according to the municipal executive
What comes first?	A meeting of owners. If the VvE still has no plan within three months after that, the municipal executive can step in
Who makes the plan?	An expert, within the deadline set by the municipal executive
What must the plan contain?	The maintenance, repairs and renewal for the next five years, a cost estimate and an estimate of the annual reserve needed for later costs
How often is it reviewed?	If the plan runs for longer than five years, the VvE must review it every five years
What must the VvE report?	A copy of the plan sent to the municipal executive, within four weeks after it is drawn up

The article is therefore a tool for municipalities that step in where needed. It does not oblige every VvE to make a plan.

What is mandatory for a VvE?

A reserve fund (reservefonds) has been mandatory for all VvEs since 1 May 2008. That is the savings pot for major maintenance. You must be able to justify how much you pay in each year. An MJOP can serve as that justification.

The model regulations (modelreglement) of 2006 make an MJOP mandatory. Many VvEs have not yet changed their regulations to match those model regulations. So it is sensible to read your own regulations first. For the VvE’s obligation, also read VvE and the MJOP obligation.

Example: VvE Parkzicht

Fictional example. VvE Parkzicht has 48 apartments and no MJOP. The reserve fund pays a fixed amount per home every year, without a justification. A new owner asks at the meeting what those amounts are based on.

The board checks the regulations and then has a condition assessment carried out under NEN 2767. The board uses the outcome as the basis for an MJOP. The meeting can now see why the reserve fund needs that amount.

What should you do now?

Read your VvE’s regulations

Check whether an MJOP or maintenance plan is included. If nothing is said about it, ask your property manager or notary.

Check whether the municipality has sent a letter

An obligation from the municipality always comes through a decision. Without such a decision, the municipality has not yet required your VvE to make a plan.

Request quotes if you want a plan

Ask inspectors about their method, their certificate and their planning. You can read more about the role of the inspector on inspector and training.

Frequently asked questions

As an owner in a VvE, do I have to arrange a condition assessment myself?

No, the plan is a matter for the VvE, not for the individual owner. You can ask the board to put a condition assessment on the agenda. The meeting of owners decides on the plan.

What happens if my VvE has no plan and the municipality steps in?

Then the municipal executive can require the VvE to have a plan drawn up, within the deadline the municipal executive sets. The plan must remain in force after that. The conditions are set out in VvE and the MJOP obligation.

Does this also apply to infrastructure?

No, Article 12d is about VvEs. The standard for infrastructure is in a separate part. Read about it on NEN 2767-4 infrastructure.