A thorough property due diligence covers: Land Registry research (ownership, mortgages, attachments), a zoning-plan check, the structural condition and permit history, soil-contamination certificates, VvE documents (for apartments), rental contracts and service charges, and environmental and asbestos reports. For commercial property, the rental income, vacancy risks, and market value are also relevant. Law & More coordinates the entire due diligence process.

When a consumer buys a home, the law grants a cooling-off period of three days after receiving the signed purchase agreement. During this period the buyer can withdraw from the purchase without giving any reason and without owing a penalty. The cooling-off period must include at least two business days. After it expires, the agreement becomes binding, subject to any agreed conditions precedent.

Tenants of residential space enjoy far-reaching protection against termination. A landlord may only end the tenancy on statutory grounds, such as urgent personal use, and must observe the correct notice period. If the tenant does not agree to the termination, the tenancy continues until the court rules on it. The position differs for commercial space, depending on the type.

A building is divided into apartment rights by a notarial deed of division, which is registered in the Land Registry. The deed describes the private parts and the common parts and contains the division regulations. On division, a Homeowners' Association (VvE) arises by operation of law, of which every apartment owner is a member.

If the delivered property does not have the qualities the buyer was entitled to expect, there is non-conformity. The buyer must report the defect to the seller within a reasonable time. Depending on the circumstances, the buyer may claim repair, a price reduction, compensation, or rescission of the agreement. Whether the seller is liable depends partly on the agreed clauses and the buyer's duty to investigate.

The purchase agreement records the arrangements between buyer and seller and is binding once both parties have signed (subject to the cooling-off period and any conditions precedent). Ownership, however, only passes through the notarial deed of transfer, which is drawn up by the notary and then registered in the public registers of the Land Registry. There are usually several weeks to months between purchase and transfer.

This is a clause in the purchase agreement that allows the buyer to rescind the purchase free of charge if they cannot arrange the mortgage within an agreed period. The buyer must invoke the condition in time and in writing, usually providing one or more rejections from a lender. If the deadline passes, the protection lapses and a penalty of typically 10% may be due.

In addition to the purchase price, the buyer usually pays the transfer tax (or VAT for new builds), the notary's fees for the deed of transfer and the mortgage deed, and the cost of registration in the Land Registry. Estate-agent commission is generally borne by the party that engages the agent. The exact allocation is set out in the purchase agreement.

Tenants of residential space enjoy far-reaching statutory protection, including protection against termination and against rent increases. For commercial space, the law distinguishes between “retail business space” (such as shops and hospitality, with its own term and termination rules) and “other business space” (such as offices, with considerably less protection). The applicable regime strongly determines each party's position.

No. For regulated residential space, statutory maximums apply to the annual rent increase, set by the government. In the private sector, parties have more freedom, but contractual indexation clauses and, in recent years, statutory caps often apply. In certain circumstances a tenant can have a proposed increase reviewed by the Rent Tribunal or the court.

An easement is a charge on one property (the servient land) for the benefit of another property (the dominant land), for example a right of way. An easement arises by creation through a notarial deed and registration in the Land Registry, or by prescription. Its content and scope follow primarily from the deed of creation.

Decisions of a Homeowners' Association may, in certain circumstances, be annulled or be void, for example where they conflict with the deed of division, the regulations, or the standards of reasonableness and fairness. An owner can ask the subdistrict court to annul a decision within a short statutory period. Proceedings can also be started over deferred maintenance or the management of the reserve fund.

A ground lease gives the right to use and enjoy another party's land in return for a ground rent (canon). A building right, by contrast, gives the right to own buildings, works, or plantings in, on, or above another party's land, separately from ownership of the land itself. Both are independent real property rights, created by notarial deed, that can be transferred or encumbered.

A landlord may not evict a tenant on their own initiative; a court judgment is required. The proceedings usually begin with a writ of summons seeking rescission of the tenancy and eviction, for example because of rent arrears. If the court grants the claim, the eviction can be carried out with the help of a bailiff. In urgent cases, interim relief proceedings are sometimes possible.

With commercial real estate the stakes are high and the legal, tax, and structural aspects are complex. A thorough investigation maps out risks such as existing rental contracts, easements, public-law restrictions, soil contamination, and zoning-plan limitations. By identifying these risks before signing, the buyer can adjust the price, the terms, or the warranties, or decide to walk away from the transaction.

A VvE must, among other things, meet annually, maintain a reserve fund for major maintenance and insure the building. Since 2018 a statutory minimum contribution to the reserve fund applies. If you buy an apartment, always ask about the financial health and the minutes of the VvE.

If a seller conceals a defect known to him that prevents normal use of the property, he may be liable despite a “bought as seen” clause. The buyer can claim repair, compensation or, in serious cases, rescission of the purchase. Timely notification of the defect is essential.

Subletting is usually only allowed with the landlord’s consent, and the tenancy agreement often expressly prohibits it. Unlawful subletting can lead to termination of the tenancy and an obligation to hand over any profit. Municipalities also frequently impose their own rules on short-term rentals.

With a ground lease you may use someone else’s land in return for paying a periodic fee (canon), while a building right makes you the owner of a building or structure on or in someone else’s land. Both are property rights established before a notary and registered in the Land Registry.

A private buyer of a home has three days’ statutory cooling-off period after receiving the signed purchase agreement and may then withdraw without giving a reason. In addition, a condition precedent, for example for financing, offers a way out within the agreed period.