VvE and the MJOP obligation under NEN 2767

An owners’ association (vereniging van eigenaars, VvE) must set aside money for major maintenance of the building. That is set out in law, and the Dutch government explains how a VvE calculates that amount. A common calculation model is a multi-year maintenance plan (MJOP). A NEN 2767 condition assessment provides the technical basis for it.

Fictional example: VvE Parkzicht has 48 apartments and a reserve fund that has not been updated for ten years. The board wants to know whether the fund holds enough money for the upcoming works. It therefore has a condition assessment carried out and uses the outcome in a new MJOP.

What the law requires of a VvE

Every VvE must keep a reserve fund (reservefonds) for major maintenance. The members pay a contribution to that fund. The amount must match what the building needs in the coming years. It is not a fixed rate, so you must be able to justify it.

A VvE can do that in two ways. The Dutch government first names a multi-year maintenance plan, which maps out the work and costs for the next ten years. Second, a VvE can set aside a percentage of the rebuilding value, with a minimum of 0.5 percent. The rebuilding value appears on the policy document of the fire and building insurance (brand- en opstalverzekering).

Alongside the reserve obligation there is a second rule. Under Article 12d of the Housing Act (Woningwet) , the municipality can require a VvE to have a maintenance plan drawn up. That only happens in areas where liveability is under pressure, and only if the VvE does not yet have a plan. Read the exact text on wetten.overheid.nl , because the rules change.

A VvE does not need to wait for the municipality. The reserve obligation always applies. The difference is whether the plan comes from the municipality, or whether the VvE chooses to make one itself.

Why the measurement is the basis

An MJOP is a calculation model with a list of works and amounts. Without a measurement you do not know which works are needed and when. The condition assessment supplies that information. Each building component receives a score, and the schedule follows from those scores.

Take the roof at Parkzicht. The roof receives a 5 in the measurement. The board therefore knows that a replacement is needed within a few years. Without a measurement, the board would have to guess, or rely on the age of the roof alone.

A measurement does not say what the work costs. You get that from quotes and cost benchmarks, and you enter them in the MJOP. Read how that works on MJOP based on NEN 2767.

Steps for the board

The board of the VvE gives the assignment. It carries out the procedure, and the members decide on the outcome.

Have the reserve fund checked

Compare the balance with the amounts the building needs. That gives the starting point for the discussion with the members.

Request a condition assessment

Choose an inspector who masters NEN 2767. Ask for a measurement per building component, with scores, defects and the matching photos. See inspector and training for what you can expect from that inspector.

Have an MJOP drawn up

With the measurement, an adviser can make the plan. The plan contains the works, the years and the costs. See the step-by-step plan for the order of the steps.

Present the plan to the members

The board discusses the plan at a members’ meeting. That is where the decision on the contribution and the works is taken.

Keep the plan

Store the plan and the measurement in the VvE’s file. That way, new board members and any inspector from the municipality can see what is going on.

What members need to know

Members contribute to the reserve fund. The division of costs follows the allocation key (verdeelsleutel) in the deed of division (splitsingsakte). Ask the board which key the VvE uses.

Make sure the plan is available at the members’ meeting and that everyone can inspect it. Start the discussion with a short summary of the three largest works and the year in which they are planned. Then everyone sees the main line first.

Fictional example: Parkzicht presents the plan in a table. The roof is in year 3, the facade in year 2 and the lift in year 7. Each member sees their share per year, so nobody is surprised by a higher contribution.

Do not wait until the municipality demands a plan. A VvE that has its own measurement and plan decides the pace and order of the works itself.

Frequently asked questions

Who commissions the condition assessment?

The board of the VvE commissions it. The board manages the association and is responsible for the reserve fund. Still, discuss the proposal with the members, because they pay the contribution.

Must every VvE have an MJOP?

The law requires every VvE to set money aside for major maintenance. An MJOP is the usual route for that. A VvE can also set aside a percentage of the rebuilding value, with a minimum of 0.5 percent. Ask your civil-law notary or adviser which route suits your building best.

Can the municipality require a VvE to make a plan?

Yes, but only in areas where liveability is under pressure, and only if the VvE does not yet have a plan. Read Article 12d of the Housing Act on wetten.overheid.nl for the exact conditions.