Buying property in the Netherlands: checks, contract and defects

When you buy a home in the Netherlands, the purchase agreement must be in writing, and as a private buyer you have a cooling-off period of three days in which you can withdraw without giving a reason. You do not become the owner when you sign, however: ownership only passes when a civil-law notary executes the deed of transfer and it is registered in the public registers.

Most problems arise at three points: what you check before you sign, what the purchase agreement says, and how the duties of buyer and seller are divided when a defect appears. For each point, the Dutch Civil Code (Burgerlijk Wetboek, BW) sets clear rules, which we explain below.

How does Dutch property law work?

Dutch property law is based on Book 3 and Book 5 of the BW. It distinguishes between full ownership and more limited rights in land, and it requires those rights to be recorded in public registers.

Limited rights include leasehold (erfpacht), the right of superficies (opstalrecht), which allows someone to own a building on another person’s land, and easements (erfdienstbaarheden), such as a right of way. These rights can seriously affect how you can use a property, so you need to know about them before you buy.

Under Article 3:89 BW, ownership of real estate passes by a notarial deed of transfer registered in the public registers kept by the Land Registry (Kadaster). Until then, you only have a contractual claim against the seller, not ownership. Anyone can consult the Kadaster registers online for a small fee.

What should you check before you buy?

Check the legal position of the property as well as its physical condition. Many problems come from restrictions in the registers that nobody looked at.

Start with an extract from the Kadaster. It shows the owner, any mortgages and the limited rights registered on the property. The previous deed of transfer may contain further obligations, such as a chain clause (kettingbeding) that binds each new owner. A listed monument status limits what you can change.

Also check what the municipality allows on the site. Since 1 January 2024, under the Environment and Planning Act (Omgevingswet), the permitted use of land is laid down in the municipal environmental plan (omgevingsplan).

For an apartment, ask for the documents of the owners’ association (Vereniging van Eigenaars, VvE): the deed of division, the regulations, recent minutes, the long-term maintenance plan and the size of the reserve fund. Under Article 5:126 BW, the association must keep a reserve fund for future maintenance. A low fund combined with major planned works may mean extra contributions later.

Who bears the risk of defects?

As a buyer you have a duty to investigate, and the seller has a duty to disclose what it knows. Where those duties meet, the seller’s duty to disclose generally prevails over the buyer’s duty to investigate.

Under Article 7:17 BW, the property must be fit for normal use as a home. A seller who knows about a serious defect, such as a leaking roof or foundation problems, must tell you, even if you could have discovered it yourself. You, on the other hand, cannot rely on a defect that was obvious, or that a normal inspection would have shown. A structural survey by a building inspector before you sign reduces that risk considerably.

What does the purchase agreement contain?

The purchase agreement sets out the price, the transfer date, what is included in the sale and the conditions under which you can withdraw. Once signed, it binds both parties, subject to the cooling-off period for private buyers.

Under Article 7:2 BW, the purchase of a home by a private buyer must be in writing. The three-day cooling-off period starts on the day after the signed agreement, or a copy of it, has been handed to you. You can read the provision on wetten.overheid.nl. The cooling-off period does not apply to business buyers or to commercial property.

Most agreements contain resolutive conditions (ontbindende voorwaarden). The best-known are the financing condition, which lets you withdraw if you cannot obtain a mortgage, and a condition for a satisfactory building inspection. Check that the deadlines in those conditions are realistic, because once they have passed you are bound. The agreement usually also requires a deposit or a bank guarantee and sets a penalty if one party fails to perform.

For homes, the notary can register the purchase agreement in the public registers (Article 7:3 BW). This protects you for six months against, for example, a second sale or an attachment by the seller’s creditors before the transfer.

What does the civil-law notary do?

The civil-law notary (notaris) prepares and executes the deed of transfer and registers it. The notary is impartial and has a duty of care towards both parties.

Before the transfer, the notary checks the registers, verifies that the seller is entitled to sell and that the property is free of undisclosed mortgages and attachments. The purchase price is paid into the notary’s third-party account (derdengeldenrekening) and is only released to the seller after the transfer has been registered. Because the notary does not act for one side, a buyer of commercial or high-value property often has the agreement reviewed by his own lawyer before signing.

What costs should you expect on top of the price?

As a buyer you usually pay transfer tax (overdrachtsbelasting), the notary’s fees and the Land Registry fees. In 2026 the rate is 2% for a home you will live in yourself, 8% for other homes such as a buy-to-let property, and 10.4% for other real estate.

For a newly built property, VAT is usually charged instead of transfer tax. Buyers under 35 who will live in the home may qualify for the starter exemption (startersvrijstelling) if the value is no more than €555,000 in 2026; above that limit the exemption does not apply at all. Current rates and conditions are on the government’s business.gov.nl page. For international buyers, questions about tax residence and inheritance can also play a role; we refer those to a tax adviser.

What are your obligations after the purchase?

Under Article 6:174 BW, you are liable as owner if the building endangers neighbours or passers-by. In an apartment building, the owners’ association maintains the common parts. Under Article 5:37 BW, you may not cause unreasonable nuisance to your neighbours, and if you let the property, Article 7:206 BW obliges you to carry out repairs.

How are property disputes resolved?

Most disputes are settled by negotiation or mediation. If that fails, the District Court decides, or the subdistrict court for claims up to €25,000, and strict deadlines apply.

If you discover a defect after the transfer, notify the seller in writing within a reasonable time after you discovered it, as required by Article 7:23 BW. If you wait too long, you can lose your rights. After that notice, your claim becomes time-barred two years later. Under Article 5:130 BW, you can ask the subdistrict court (kantonrechter) to annul a decision of the owners’ association within one month after you learned, or could have learned, of it. Disputes with the municipality about permits follow the administrative route of objection and appeal.

If the seller knew about a hidden defect and did not mention it, you can claim compensation under Article 6:74 BW or, in serious cases, dissolve the purchase under Article 6:265 BW. The outcome depends on what the seller knew, what was visible and what the agreement says about hidden defects. An exclusion clause does not protect a seller who concealed a known defect.

What should you check as a buyer?

• Request a Kadaster extract and the previous deed of transfer, and look for leasehold, easements and chain clauses.
• Check the municipal environmental plan if you want to convert, extend or rent out the property.
• Commission a structural survey before the deadline of the inspection condition expires.
• Check that the financing condition gives you enough time to obtain a binding mortgage offer.
• For an apartment, read the VvE minutes, the maintenance plan and the reserve fund balance.

What should you check as a seller?

• Fill in the seller’s questionnaire completely and list every defect you know of, including past leaks or foundation work.
• Have any clause excluding liability for hidden defects drafted precisely.
• Agree a realistic transfer date and a deposit or bank guarantee of usually 10% of the price.
• Make sure existing mortgages and attachments can be cancelled from the purchase price at the notary.

What can we do for you with buying property in the Netherlands?

Our real estate lawyers advise buyers and sellers in English and Dutch at every stage of the transaction.

• We review the draft purchase agreement and its resolutive conditions before you sign.
• We check the Kadaster extract, the previous deed and the VvE documents for restrictions.
• We draft the written notice of a defect to the seller within the period of Article 7:23 BW.
• We assess a claim for compensation or dissolution and negotiate with the other side.
• We file the request to annul a VvE decision with the subdistrict court within the one-month deadline.

Summary

• The purchase of a home by a private buyer must be in writing, with a three-day cooling-off period (Article 7:2 BW).
• Ownership only passes on registration of the notarial deed of transfer (Article 3:89 BW).
• Check the Kadaster, limited rights, the environmental plan and, for apartments, the owners’ association before you sign.
• The seller’s duty to disclose generally prevails over your duty to investigate.
• Report a defect in writing within a reasonable time after you discover it.