If you own a national, provincial or municipal monument, you will face an important change as of 29 May 2026: the exemption from the energy label requirement for monuments will expire. In this blog, we explain what will change, why this is happening and what this means for you.
At present, monuments are exempt from the obligation to provide an energy label to the buyer or tenant upon sale or letting. This exemption is set out in Article 6.28 under b of the Dutch Building Environment Decree (Besluit bouwwerken leefomgeving, Bbl). This provision states that the energy label requirement under Article 6.27 Bbl does not apply to monuments.
From 29 May 2026, monument owners must provide the buyer or tenant with a valid energy label when selling or letting a monument. This applies regardless of whether the building is a municipal, provincial or national monument.
The energy label requirement only applies to lease agreements entered into on or after 29 May 2026. Existing lease agreements will therefore not require the monument owner to provide an energy label to the tenant.
The reason for this change is the implementation of the revised European Energy Performance of Buildings Directive: Directive 2024/1275/EU, also known as “EPBD IV”. This Directive requires Member States to have implemented legislation by 29 May 2026 that, among other things, ensures that an energy performance certificate is also available for protected monuments.
The underlying objective of the EPBD has always been to reduce the energy consumption of buildings within the EU.
Although having an energy label available does not create an obligation to make a monument more sustainable, encouraging sustainability appears to be one of the underlying objectives. At the same time, almost every sustainability measure involving a monument requires a permit. After all, altering a monument “in any way” without an environmental permit is prohibited.
By way of illustration: In a judgment of 6 November 2024, the Administrative Jurisdiction Division of the Council of State ruled that an owner of a municipal monument in Utrecht, who had replaced wooden window frames with single glazing with plastic window frames fitted with HR++ glass, had to restore everything to its original condition — subject to a penalty payment of €10,000.
That an environmental permit for making a monument more sustainable is not always granted is also demonstrated by a judgment of the Council of State of 19 October 2022. In that case, the Council of State ruled that the Municipal Executive of Amsterdam had rightly refused an environmental permit for, among other things, replacing drawn glass with double glazing in a municipal monument.
Both examples show that there are situations in which the interest of making a monument more sustainable must give way to the interest of preserving the monument (or its monumental elements). It is therefore not a given that sustainability measures for a monument will be permitted.
Not all monuments will be affected by the new energy label requirement as of 29 May 2026. Monuments used for religious activities will remain exempt (Article 6.28(c) Bbl).
Please note: this exemption only applies to the part of the monument that is actually used for religious services. If part of a church building is, for example, leased as office space or residential space, the energy label requirement will apply to that part.
Office buildings are subject to an additional requirement that they must have at least energy label C in order to be used as offices (Article 3.87 Bbl). Monumental office buildings are exempt from this requirement, and this exemption will remain in place after 29 May 2026.
Are you planning to sell or let your monument, which is intended for residential use, after 29 May 2026? If so, ensure that an energy label is prepared in good time.
The energy label requirement does not mean that making the monument more sustainable is mandatory. Nevertheless, if you are considering sustainability measures, coordinate your plans with the Municipal Executive of your municipality before applying for an environmental permit (if required). Carrying out sustainability works without a permit may result in an obligation to restore everything to its original condition, subject to substantial penalty payments. This applies even if such restoration would represent a step backwards from a sustainability perspective.
The government intends to introduce a ban on letting homes with energy labels E, F or G as of 1 January 2029. At that point, homes must have at least energy label D in order to be eligible for letting. At the end of 2025, the Minister of Housing published an online consultation on a draft decree to amend the Bbl on this point. The draft states that monuments are “for the time being” exempt from the requirement to have at least energy label D in order to be let.
No definitive regulation has yet been adopted prohibiting the letting of homes with energy labels E, F or G. Whether monuments will remain exempt from this ban therefore remains an open question.
Are you a monument owner and would you like legal advice? Our Monument Law team (David Wenniger or Jacco van Lint) can advise you. Our Monument Law team also regularly provides Monument Law courses for municipalities and real estate professionals.
Please contact David Wenniger or Jacco van Lint.
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