Why should wood stoves disappear?


Questioner

My housing cooperative is going to make my home more sustainable and therefore my wood stove has to disappear, or at least they are removing the chimney from my roof so that I can no longer use the wood stove. Is this legally allowed?

Lawyer

It is good that you ask this question. The legal aspects of this situation can be complex and depend on several factors. First of all, it is relevant to mention that housing corporations have the responsibility to maintain and renovate their homes. This can also relate to sustainability, which is often related to energy saving and reducing CO2 emissions. Removing a chimney can be part of these renovation activities. Whether a housing corporation is entitled to do this without further ado depends on various factors. Some of these factors may be: - The lease: In some cases, the lease may state that the landlord has the right to carry out renovations. It is therefore advisable to consult your lease and see what exactly is stated about this. - Consultation with the tenant: Although there is much variation in the rights and obligations of tenants and landlords, Dutch law generally offers protection to tenants in these types of renovations. Consultation with, and consent of, the tenant is often required. In some cases, the landlord can only proceed to change the agreed condition of the rented property after permission from the tenant or, in the absence of consultation, after a court ruling. - Balance between the interest of sustainability and the infringement of residential enjoyment: In the event of a dispute between tenant and landlord about this type of renovation, a judge will weigh up the interest of the landlord in the renovation (in this case making the home more sustainable) and the interest of the tenant in maintaining residential enjoyment. Reviewing your own situation with these points in mind may give you some idea of ​​where you stand. On the other hand, due to the complexity, it is strongly advised to discuss this issue with a lawyer or attorney to get a more accurate picture of the legal implications. ' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer

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