DNR 2025

On 15 December 2025, the DNR 2025 was published: the first comprehensive revision of the DNR since 2011. The DNR, drawn up by the Association of Dutch Architects and the Royal Dutch Association of Engineers, has long been the most widely used set of general terms and conditions for agreements between principals and advisers in the design, engineering, project development and construction practice. Whilst the DNR 2011 provided a solid framework for many years, developments in the project development and construction practice have moved quickly: digitalisation, new sustainability requirements, stricter safety standards and evolving forms of collaboration called for an update of the DNR 2011.

The revision has therefore introduced a number of significant changes. The structure of the DNR 2025 has been considerably simplified, with the number of articles reduced from 59 to 22, and the provisions have been drafted in more accessible language. In this way, the DNR 2025 aims to provide a more modern and future-proof contractual framework.

The various changes introduced by the DNR 2025 are now well known. Less attention, however, has been paid to how the new regulations address one of the developments that prompted the revision in the first place: sustainability. This raises the question of what role sustainability plays under the DNR 2025. Does the revised DNR 2025 impose sustainability obligations, or does sustainability remain primarily a matter for the contracting parties to address in their agreements?

What does the DNR 2025 stipulate regarding sustainability?

Anyone looking for a separate provision on sustainability obligations in the DNR 2025 will be disappointed. The DNR 2025 contains no provisions requiring advisers to design sustainably or achieve specific sustainability targets. Unlike topics such as structural safety and quality assurance, which are expressly addressed in the DNR 2025, sustainability is not governed by a separate set of provisions. That is not particularly surprising. The DNR 2025 is, after all, intended to provide a general set of conditions, whilst the sustainability ambitions for a project will largely depend on its particular nature and objectives.

Article 15.1 of the DNR 2025 does, however, require the parties to comply with applicable laws and regulations, including those relating to sustainability. The Explanatory Notes to the New Regulations (the Explanatory Notes) refer to the EU Green Deal, the Corporate Sustainability Reporting Directive (CSRD) and the BBL as examples of environmental legislation and sustainability standards.

The Explanatory Notes further indicate that additional sustainability standards may qualify as ‘additional requirements’ and may therefore form part of the scope of services if agreed between the parties. Sustainability is primarily approached as a matter that, beyond the general legislation and regulations, must be addressed in the agreement between the parties themselves.

At the same time, the Explanatory Notes acknowledge that a change in sustainability ambitions may give rise to a change in the contract. Article 21.2 of the DNR 2025 therefore provides a mechanism for adjusting the agreement if this is necessary for sustainability-related reasons.

A deliberate choice?

One might wonder whether the absence of a more specific sustainability framework represents a missed opportunity. It does, however, appear to reflect a deliberate choice by the drafters. Sustainability is, after all, a broad and constantly evolving concept, with specific requirements that may vary considerably between projects. Against that background, the choice to adopt a flexible framework is understandable: the DNR 2025 addresses sustainability and requires compliance with applicable laws and regulations, whilst allowing the parties themselves to define and agree on specific sustainability ambitions. This approach also allows the DNR 2025 to accommodate future developments in sustainability.

Conclusion

The DNR 2025 marks an important step towards modernising the general terms and conditions used in the project development and construction practice. While the DNR 2011 already provided a solid foundation, the DNR 2025 offers a more compact and future-proof framework that reflects developments such as digitalisation, quality assurance and sustainability.

When it comes to sustainability, however, the DNR 2025 could be regarded as somewhat restrained. Although sustainability is expressly recognised as a relevant consideration and the DNR 2025 requires compliance with applicable sustainability laws and regulations, it does not provide a standalone sustainability framework or impose general sustainability objectives.

In practice, sustainability ambitions, such as commitments relating to Paris Proof, CRREM, BREEAM and WELL, are increasingly reflected in advisory agreements. The DNR 2025 nevertheless leaves it to the parties to translate those ambitions into specific contractual obligations on a project-by-project basis.

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Do you need assistance with incorporating sustainability aspirations into consultancy agreements, turnkey development agreements or construction agreements? Please contact one of the members of our Project Development & Construction team listed.