Orange on top, but not in the gallery of a block of rented flats

In Zwijndrecht, “Orange Fever” led to a conflict: tenants hung strings of flags on the railings of their balconies, prompting the housing authority to intervene. The little orange flags had to be removed due to a fire hazard.

The Netherlands has since been eliminated from the World Cup, while the little flags in Zwijndrecht got their unexpected happy ending just before that: the housing association reversed its decision, and the orange flags were allowed to stay up after all, provided the strings of flags were hung at least 1.5 meters apart. The conflict was thus resolved, but the underlying legal question remains relevant for every future festive occasion when tenants want to decorate their apartments. After all, in two years’ time, we hope to become European Champions with the Netherlands.

This discussion is not an isolated issue. One of the reasons for the stricter rules is the fatal apartment fire in Arnhem in 2021. Since July 1, 2024, the Building and Living Environment Decree (Bbl) has therefore included an explicit provision regarding objects on escape routes. This provision states that no flammable objects may be present in a common traffic area of a residential building through which an escape route passes. This also includes decorations, unless they are non-combustible. In practice, this means that only decorations made of metal, stone, or glass are permitted. Ordinary flags made of paper, nylon, or polyester are not allowed.

There are a few limited exceptions, such as a small doormat at the front door. However, flammable decorations, such as strings of flags along the balcony, do not qualify as exceptions. The exterior of the railing most likely also falls under the definition of “common traffic area,” even though the escape route is not actually blocked by the flags. After all, the risk lies not only in the obstacle itself, but specifically in its contribution to fire development and smoke spread.

Under tenancy law, the landlord was in a strong position. The tenant’s legal obligation to act as a good tenant includes compliance with public law regulations applicable to the use of the leased property. If the Bbl prohibits fire-hazardous decorations on the gallery, the tenant must comply. This applies even if it is not explicitly stated in the lease agreement; however, the lease agreement often does contain a provision prohibiting the placement of fire-hazardous objects or requiring compliance with legal regulations.

The landlord is obligated to take action due to their responsibility for ensuring the fire-safe use of the building.

Only a truly private balcony that does not serve as a traffic area and is not part of an escape route falls outside the scope of this regulation. In most apartment buildings with balconies, such a space does not exist. The alternative is less visible but is permitted: small flags behind the window.