Until a few years ago, the energy label for a commercial property was little more than a box to tick at the notary's office. Since the label C requirement for offices and the tightened European rules came into force, it has become a factor that determines whether a property can be let at all, what the rent will be, and how long a tenant can stay there without renovation work. This article sets out the 2026 rules: when a label is mandatory, which buildings the label C requirement applies to, what exemptions exist, what is still coming up to 2033, and what all this means for rent and the negotiation between tenant and landlord.
When is an energy label mandatory for a commercial property?
For non-residential buildings (offices, shops, industrial units with office space, hospitality venues, schools, healthcare buildings), the Energy Performance of Buildings Directive (EPBD) and the Dutch Buildings Energy Performance Decree require that a valid energy label be in place for:
- the sale or transfer of the building;
- letting to a new tenant;
- delivery of new-build property;
- buildings larger than 250 m² with a public function that receive high visitor numbers: here the label must also be displayed visibly.
The label must be handed to the buyer or tenant at the time of the transaction and stated in advertisements. If it is missing, the Human Environment and Transport Inspectorate (ILT), the Dutch regulator responsible for enforcement, can impose a fine on the owner. An existing tenant who does not move does not need to demand a label retroactively, but still has an interest in one (see below).
The label C requirement for offices
Since 1 January 2023, an office building must have at least energy label C to be legally used as an office. Since 2024, the rule has been set out in the Dutch building decree (Bbl) — the Besluit bouwwerken leefomgeving, successor to the earlier Bouwbesluit. The requirement applies to buildings where:
- the office function occupies at least 50 per cent of the usable floor area, and
- the total usable floor area with an office function (including ancillary functions) is 100 m² or more.
Exemptions include national, provincial and municipal heritage-listed monuments, offices smaller than 100 m², buildings due to be demolished, transformed or expropriated within two years, and buildings where the measures needed to reach label C would have a payback period of more than ten years (in that case, only the measures with a payback period of up to ten years are required).
Enforcement is the responsibility of the municipality, in practice carried out by the regional environmental agency (omgevingsdienst). A building that does not comply may formally not be used as an office; the municipality can impose an order subject to a penalty for non-compliance (last onder dwangsom). In practice, a warning and a request for an improvement plan usually come first. For tenants, the main risk is not the fine, which falls on the owner, but the renovation work — or even closure — that may become necessary.
Does the labelling obligation also apply to warehouses and shops?
Yes and no. The labelling obligation for transactions applies to all non-residential buildings, including warehouses, shops and hospitality venues. The minimum label C requirement currently applies in the Netherlands to offices only. There is no statutory minimum label for other building types yet, but that is changing:
- The revised European Energy Performance of Buildings Directive (EPBD, 2024) requires member states to set minimum energy performance requirements for existing non-residential buildings: the worst-performing 16 per cent must be improved before 2030 and 26 per cent before 2033. The Netherlands is translating these requirements into national legislation.
- For new-build properties, buildings must already be nearly energy-neutral (BENG, the Dutch nearly-zero-energy-building standard); from 2030 the EPBD will require zero-emission new construction.
- Large energy users also fall under the energy-saving obligation: mandatory measures with a payback period of five years or less, together with a duty to report to RVO, the Netherlands Enterprise Agency.
A nationwide tightening to label A for offices by 2030 has been discussed and explored in recent years, but it is not currently law. For a long-term lease, however, you should count on the bar being raised in some form.
What is an EPA-U label and how is it determined?
In practice, the energy label for non-residential buildings is called EPA-U (energieprestatieadvies utiliteit, energy performance assessment for non-residential buildings), officially the energy performance certificate. A certified EPA-U assessor surveys the building (envelope, insulation, installations, lighting, ventilation) and calculates its energy performance according to NTA 8800, the Dutch technical standard for determining building energy performance. The outcome is a primary fossil energy use expressed in kWh per m² per year, translated into a rating from A++++ to G. The label is registered with RVO, the Netherlands Enterprise Agency, is valid for ten years and can be looked up per building via EP-online, the national public register.
The cost of an EPA-U survey ranges from a few hundred euros for a small office to several thousand euros for a large or complex building. The assessor can also produce a tailored advice report setting out the measures needed for a better label and their respective payback periods.
What does the energy label mean for the rent?
The label affects price in three ways:
- Rent per m²: market reports from agents and advisors have shown a "green premium" for years now for properties with label A or better, and a "brown discount" for properties with label D or worse. The size of the difference varies by city and segment; in the major office cities, differences of several per cent are common, and properties below label C are in many cases simply no longer lettable as offices.
- Service charges and energy: a property with label A uses significantly less gas and electricity than one with label E. At current energy prices, the difference per m² per year can be enough to (partly) offset a higher headline rent. Always compare total occupancy costs, not just the rent; see service charges for commercial property.
- Value and financing: banks and investors apply stricter requirements to properties with a poor label, which depresses sale value and pushes owners towards investment. For tenants, that is a signal that renovation work is on the way.
Who pays for making a building more sustainable: tenant or landlord?
The classic problem is known as the split incentive: the landlord invests in insulation or installations, but the tenant benefits from the lower energy bill. Solutions used in practice include:
- Green lease clauses: provisions in the lease covering energy performance, data sharing, behaviour and the division of investment costs. The ROZ, the Dutch Real Estate Council that publishes standard lease models, has model clauses for this.
- Rent increase against lower service charges: the landlord invests and increases the rent by part of the saving.
- Investment by the tenant in exchange for a longer term, a rent-free period or compensation upon departure.
- Sustainability improvements at tenant change: the owner upgrades the building between two tenancies and then lets it again at a higher price.
In any case, record what happens if the government tightens the minimum label during the lease term: who carries out the measures, within what timeframe, and whether the tenant may work elsewhere temporarily.
Checklist for tenants
- Request the energy label and its assessment date before viewing the property; check it on EP-online.
- For label C or lower, ask for the owner's sustainability plan and timeline.
- Request the energy bill or service charge statement for the past two years.
- Compare candidate properties on total occupancy costs: rent, service charges and energy.
- For a lease of five years or longer, include a clause covering renovations required by statutory obligations.
Checklist for landlords
- Make sure every office building of 100 m² or more has a registered label of at least C; check the exemptions.
- Have a tailored advice report drawn up with measures and payback periods.
- Plan sustainability upgrades at tenant change or combine them with scheduled maintenance.
- Use green lease clauses to divide investments and savings.
- State the label in every listing; on RE-SEARCH the label is shown alongside the property.
Frequently asked questions about the energy label for commercial properties
Is an energy label mandatory when letting a commercial property?
Yes. When letting to a new tenant, on sale, and on delivery of new-build property, the owner must hand over a valid energy label and state it in advertisements.
What is the minimum energy label an office must have?
Label C, since 1 January 2023, for office buildings with 100 m² or more of office function. Heritage-listed monuments and a few other categories are exempt.
Will label A become mandatory in 2030?
This has been discussed and explored, but it is not currently law. However, the European EPBD directive does require member states to improve the worst-performing non-residential buildings before 2030 and 2033.
What is an EPA-U label?
The energy label for non-residential buildings, drawn up by a certified assessor according to NTA 8800, registered with RVO and valid for ten years.
How long is an energy label valid?
Ten years after registration. After a major renovation, a new label can be requested to reflect the improvement.
Looking for a property that meets the requirements? In our office space for rent listings, the energy label is shown for every property; filter for label A or better to lease a future-proof building.
