Real Estate Lawyer
in the Netherlands

Is your house purchase about to fall through, did you discover a serious defect after the transfer, or is your contractor delivering poor work? A real estate lawyer in the Netherlands helps you before you sign and when a dispute arises. On this page you read which Dutch rules apply to buying, renting, building and owning property, which deadlines run and how we assist you.

When do you need a real estate lawyer in the Netherlands?

You need a real estate lawyer when a contract on property must be checked before signing, or when a dispute about property arises. In a standard house purchase a lawyer is not legally required, but early advice often prevents expensive mistakes.

Clients come to us in situations such as these:

• the buyer or seller wants to get out of the purchase agreement, or a penalty of 10 percent of the price is claimed;
• after the transfer you find defects the seller should have reported, such as damp, foundation problems or asbestos;
• your contractor finishes late, delivers poor work or charges extra work you did not order;
• you have a dispute with your tenant or landlord about rent, maintenance, termination or eviction;
• the owners' association takes a decision you want to have annulled;
• you have a conflict with your neighbours about a boundary, a right of way or trees;
• you invest in Dutch property through a company and need help with drafting and reviewing the transaction documents.

Some deadlines in real estate law are short, such as one month to challenge a decision of an owners' association. After the transfer or delivery your negotiating position is often weaker, so act early.

What should you watch out for when buying or selling property?

The purchase of a home by a private buyer must be in writing (Article 7:2 Dutch Civil Code). Under Article 3:89 Dutch Civil Code, you become the owner only when the notarial deed of transfer is registered. Registration takes place in the public registers of the Land Registry (Kadaster).

Is there a cooling-off period?

A private buyer of a home has a reflection period of three days after receiving the signed purchase agreement. After that the purchase is binding, unless a condition applies, such as a financing condition. Such a condition only works if you invoke it on time and in the right way. Check the dates in the contract carefully.

What is the role of the notary?

The transfer of real estate always requires a civil-law notary (notaris), who draws up the deed and has it registered. The notary is impartial and acts for both parties. A real estate lawyer, by contrast, acts only for you and can negotiate the contract terms on your behalf.

What if a party does not perform?

If a party fails to perform, the other party can give notice of default and then claim performance, termination or damages. Many standard purchase agreements contain a penalty of 10 percent of the purchase price. The court can reduce a penalty if full application would be clearly unacceptable (Article 6:94 Dutch Civil Code). A real estate lawyer in the Netherlands checks these clauses. Read more about the preliminary purchase agreement and its risks.

What can you do about hidden defects?

A property must have the qualities you could expect on the basis of the purchase agreement (Article 7:17 Dutch Civil Code). If it does not, there is non-conformity and you can hold the seller liable.

Your chances depend on the seller's duty to disclose and the buyer's duty to investigate. A seller must report defects he knows of. A buyer must investigate what he could reasonably discover, for example with a building survey. An age clause or asbestos clause in the contract can limit your rights.

You must notify the seller within a reasonable time after discovery (Article 7:23 Dutch Civil Code). For a consumer buying from a professional seller, notice within two months is in any case on time. A claim is in principle time-barred two years after that notice. A real estate lawyer in the Netherlands assesses, with a building expert if needed, whether the defect was visible to you.

Which rules apply to residential and commercial leases?

Dutch lease law in Book 7 of the Civil Code draws a sharp line between residential and commercial property. Residential tenants enjoy extensive protection: the lease ends only if the tenant agrees or the subdistrict court decides so (Articles 7:272 and 7:274).

Since 1 July 2024, residential leases are in principle for an indefinite period, under the Act on fixed-term rental contracts (Wet vaste huurcontracten). From the same date, the Affordable Rent Act extended rent regulation to a large part of the mid-rental segment. Landlords must also follow the Good Landlordship Act, in force since 1 July 2023, which limits a deposit to two months' basic rent.

Retail space or office space?

For commercial property there are two regimes:

• Retail, hospitality and craft premises fall under Article 7:290 Dutch Civil Code. The lease term is in principle five plus five years, and the landlord can only terminate on statutory grounds.
• Offices and other commercial premises fall under Article 7:230a Dutch Civil Code. The tenant has only limited protection against eviction after the lease ends.

The difference has large financial consequences for both landlord and tenant. A real estate lawyer in the Netherlands first checks which regime applies. Many commercial leases use the ROZ model, whose general provisions deviate from the law in places. Our lawyers review lease contracts before you sign and handle disputes about rent, defects and eviction. The statutory lease rules are on wetten.overheid.nl (Book 7, in Dutch).

What are your rights in construction and renovation?

Under a construction contract, the contractor undertakes to build and deliver a work (Article 7:750 Dutch Civil Code). Since 1 January 2024, the Quality Assurance for Construction Act (Wet kwaliteitsborging voor het bouwen) applies. The contractor is now also liable after delivery for defects not discovered at delivery, unless they cannot be attributed to him.

A contractor working for a private client must provide a completion file (Article 7:757a). A private client may deposit at most 5 percent of the contract price with a notary (Article 7:768). That deposit secures the repair of defects found at delivery. A claim for a construction defect is time-barred at the latest twenty years after delivery (Article 7:761).

Extra work is work outside the original order. The contractor can in principle only charge more if he warned you in time (Article 7:755). The exception is extra cost you should have understood yourself. Always record changes and their price in writing.

Business projects often use the UAV 2012 or UAV-GC 2005 standard terms. These usually refer disputes to arbitration by the Netherlands Arbitration Board for the Construction Industry (Raad van Arbitrage voor de Bouw). A real estate lawyer in the Netherlands assesses whether arbitration or the court is the better route.

What do owners' associations, leasehold and neighbour law mean for you?

If you buy an apartment, you acquire an apartment right and automatically become a member of the owners' association (Vereniging van Eigenaars, VvE). The deed of division and its regulations determine which parts are private and how costs are shared.

An owners' association must reserve money each year for major maintenance (Article 5:126 Dutch Civil Code). The reserve follows a long-term maintenance plan, or is at least 0.5 percent of the rebuilding value. If you disagree with a decision of the meeting, you can ask the subdistrict court to annul it within one month (Article 5:130). Before buying, ask a lawyer to review the association's documents, minutes and reserves.

Which rights of others can limit your ownership?

Ownership can be limited by rights of others, which are registered in the public registers and pass to the new owner on a sale. The rules are in Book 5 of the Dutch Civil Code.

• Leasehold (erfpacht) gives the right to use someone else's land, usually against an annual ground rent (Article 5:85). Check the term and the revision dates, especially in Amsterdam, where much land is let on leasehold. A real estate lawyer in the Netherlands reads the leasehold conditions before the transfer.
• A right of superficies (opstalrecht) gives the right to own buildings or works on, in or above someone else's land (Article 5:101), such as solar panels on another roof.
• An easement (erfdienstbaarheid) is a burden on one plot for the benefit of another, such as a right of way (Article 5:70).

Neighbour law is in Book 5 as well. You may not cause your neighbours unlawful nuisance, for example noise or smell (Article 5:37). Trees must in principle stand at least two metres from the boundary, hedges and shrubs half a metre (Article 5:42).

What should investors and companies ask a Dutch real estate lawyer?

Foreign investors and companies often hold Dutch property through a private limited company (BV). The structure of the deal, a share deal or an asset deal, has consequences under corporate law and tax law. Real estate law and corporate law then meet in one transaction, with due diligence on title, leases, permits and liabilities.

The corporate law side covers the company structure, the share purchase agreement and warranties. The buyer usually pays transfer tax (overdrachtsbelasting), which the notary collects. Rates differ for owner-occupied homes, homes bought by investors and non-residential property, and they change regularly. Young first-time buyers may qualify for an exemption, subject to a value limit. We work together with your tax adviser on these points.

Planning and permits fall under administrative law, not under civil law. A real estate lawyer in the Netherlands developers instruct therefore combines real estate law with administrative law. Since 1 January 2024 the Environment and Planning Act (Omgevingswet) governs zoning and permits, and environmental law sets conditions for soil, noise and energy. Against a permit decision you can usually lodge an objection within six weeks. A municipality selling land must in principle give all interested parties an equal chance. That follows from the Didam ruling of the Supreme Court of 26 November 2021.

How does working with Law & More work?

A real estate lawyer in the Netherlands at our law firm works in four phases. In each phase we discuss in advance what we do and roughly what it costs.

1. Intake. In a free introductory meeting we discuss your situation and the deadlines that run. We request the key documents, such as the purchase agreement, lease or deed of division.
2. Advice. We assess your rights and obligations and explain your risks and chances, in English or Dutch.
3. Negotiation. We give notice of default or hold the other party liable, and lead the negotiations. Many property disputes end in a settlement agreement (vaststellingsovereenkomst), a binding contract that resolves the dispute.
4. Proceedings. If no settlement is reached, we litigate before the subdistrict court, the district court or in arbitration, including summary proceedings and appeal.

Lease cases always go to the subdistrict court. Other property claims go to the subdistrict court up to 25,000 euros and above that to the district court, where a lawyer is mandatory. You can appeal a judgment to the court of appeal within three months.

What does a real estate lawyer in the Netherlands cost at Law & More?

A lawyer at Law & More charges 250 to 350 euros per hour excluding VAT; a partner charges 300 to 400 euros excluding VAT. We always discuss the rate and an estimate of the costs in advance.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. Law & More does not work on state-funded legal aid. Our law firm is based at Marconilaan 13 in Eindhoven, has a visiting location in Amsterdam and works for clients throughout the Netherlands.

Which articles help you further?

• Real estate law
• Dutch real property law: how to avoid common pitfalls
• Dutch construction law
• Dutch tenancy law explained
• Commercial leases and the ROZ model lease
• How transfer tax changes affect investors

Frequently asked questions

When should I hire a real estate lawyer in the Netherlands?

Hire a real estate lawyer before you sign, or as soon as a dispute arises about a purchase, lease, construction or ownership. Early advice prevents you from missing short deadlines, such as one month to challenge a decision of an owners' association.

Can I still withdraw from a house purchase?

As a private buyer you have three days to reflect after receiving the signed agreement. After that you can only withdraw through a condition, such as a financing condition, or if the seller fails to perform. Withdrawing without a valid ground can cost you a penalty, often 10 percent of the purchase price.

Is the seller liable for defects found after the transfer?

That is possible if the property lacks the qualities you could expect and the seller knew of the defect without reporting it. You also had a duty to investigate yourself. Report the defect to the seller in writing as soon as possible after discovery.

Do I need a lawyer or a notary to buy property?

A civil-law notary is mandatory for the transfer, because only a notary can draw up and register the deed. A lawyer is not required, but a real estate lawyer in the Netherlands buyers instruct can review the contract and act for you alone in a dispute.

Can my contractor charge for extra work without my consent?

In principle not. The contractor must warn you in time that a change will increase the price, unless you should have understood this yourself. Record every change and its price in writing before the work starts.

Does Law & More work on legal aid?

No, Law & More does not work on state-funded legal aid. We work with an hourly rate that we agree with you in advance, and the introductory meeting is free.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.