Court of Appeal of The Hague ruled that the WOZ value of a newly built house should be set at the purchase price without indexation.
The case concerns the determination of the WOZ value for 2022. The decisive factor is the situation with regard to the property on the reference date. For the year 2022, the reference date is 1 January 2021.
The property was completed in 2020 and has been occupied by the interested party since mid-2020. Therefore, on the reference date, the situation of the dwelling is not that of a dwelling under construction (the WOZ value of a dwelling under construction is determined on the land value plus the construction costs incurred up to the reference date). The property must therefore be valued at its market value.
The Supreme Court confirmed in 2021 that this is the market price the interested party paid for the newly built house. However, the interested party believes that this does not include the kitchen as he bought the kitchen separately. The municipality believes that the market price should be increased by an indexation because the price the interested party paid for the house was determined over 9 months before the reference date.
The court rejected both views. A house cannot be lived in without a kitchen, so the price of the kitchen belongs to the market price. And the Court of Appeal assumes that the seller took into account (expected) market developments when determining the sale price, so the indexation is already included in the market price.