News.

  • Merger Code 2015: Overview of the Main Changes

    The Merger Code protects the interests of employees of companies taking part in mergers. On 1 October 2015 the SER Merger Code 2000 was replaced by the SER Merger Code 2015 (‘Merger Code’). The SER Merger Code 2000 could do with a revision because of several bottlenecks, mostly arising from develop...
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  • Amending Act on Priority Notice Takes Effect

    On 5 November 2015 several amendments to the Dutch Code of Civil Procedure took effect. The amendments aim at improving the effect of registration of the purchase of registered property in the public registers (‘priority notice’) (Bulletin of Acts, Orders and Decrees 2015, 397). Section 7:3 of...
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  • Adjustment of the Sustainable Urbanisation Ladder

    On 1 October 2012 the Sustainable Urbanisation Ladder (‘the Ladder’) was introduced as justification requirement in the Spatial Planning Decree. The objective of the Ladder is to improve spatial planning by optimising the use of space in urban areas, for instance by preventing the unnecessary claim ...
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  • Renting Out Your Home as a Hotel; City of Amsterdam Steps Up Supervision

    These past months have seen frequent news reports about the (illegal) renting out of homes on websites like Airbnb. Meanwhile many judgments have awarded eviction orders because of illegal subletting through such websites. Since the summer of 2015 the City of Amsterdam has intensified the supervisio...
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  • Changes in Employment Law

    The government seeks to structurally improve the employment market. In April 2013 the government and the employer and employee representatives made a social agreement laying down measures to adapt the employment market to society’s changing employment conditions. Under the agreement the detail...
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  • Watch Out for Paid Physical Planning Practiced by Local Councils!

    Many local councils insist that a land development agreement must be made before a zoning plan can be filed for a building plan. So-called ‘paid physical planning’, in which local councils enforce non-statutory provisions in exchange for changes in the intended land use is not allowed, s...
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  • New ROZ Model Lease Agreement Office Space

    On 19 February 2015 the Real Estate Council of the Netherlands (‘ROZ’) presented the new version of its model lease agreement for office space and other commercial premises as defined in Section 7:230a Dutch Civil Code. The last version dated back to 2003 and was in urgent need of replac...
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  • New Developments in Amsterdam Ground Lease

    Amsterdam ground lease law has recently undergone two major developments, i.e. (1) the Municipality of Amsterdam (as the last municipality in the Netherlands) will be reforming the ground lease system and (2) the Amsterdam Court of Appeal1 has officially set aside the clause in the general terms and...
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  • Landlord’s Consent Usually Required for Wall Advertising Signs

    The installation of wall advertising signs usually requires an integrated environmental permit to be issued by the local authority. The local authority must grant permission and may attach conditions to that permission. However, in most cases the landlord, too, will have to consent to the installati...
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  • On-Line Sale under Execution

    On 15 April 2014 the House of Representatives (“Tweede Kamer”) adopted the Minister of Safety and Justice’s bill making the on-line sale under execution of real property more transparent and accessible to a broader public (parliamentary document 33 484). By amending several provisi...
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  • Public Enterprises (Market Activities) Act

    The government has a sizable real estate portfolio. Social property like schools, theatres, shelters, health centres, community centres and sports facilities are held largely by local authorities. These local authorities frequently choose not to charge competitive rates for this type of properties t...
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  • Contracting Parties Liable for Errors in Tender Documents

    Are tenderers/contractors required to point out errors in the tender documents or any other mistakes to the contracting party? In public tender procedures the relationship between the parties concerned is governed by the standards of reasonableness and fairness. The parties should be guided by th...
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  • Anti-Squatting Agreement Qualified as Tenancy agreement by Court

    The mediation and user agreements made after expiry of the terms in the Vacant Property Act can be qualified as tenancy agreements. This was decided by the Amsterdam Court of Appeal in its decision of 19 November 2013. The case concerned temporary tenants under the Vacant Property Act who afte...
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  • Rent Laws Contrary to European Fundamental Rights?

    The Court of The Hague recently on 4 December 2013 gave judgement on whether the Dutch rent laws applying to the rental of residential properties infringe the provisions contained in Article 1 of the First Protocol to the European Convention for the Protection of Human Rights, which says that every ...
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  • No More New Hotels in Amsterdam City Centre

    On 19 November 2013 the district council for Amsterdam City Centre tightened its policy on hotels. The district seeks to spread new hotels over districts other than the centre. The ‘Hotel Policy Inner City 2012-2015' (which took effect already on 20 April 2012) provides for hotels with uniq...
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  • Change in Intended Use Easier to Effect under Crisis and Recovery Act

    On 14 June 2013 the Council of Ministers agreed to the seventh tranche of the Crisis and Recovery Act Implementation Decree (‘the seventh tranche’). The seventh tranche enables changes in the intended use without awarding compensation if a piece of land with potential uses and planning p...
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  • Contractor’s Duty of Notification: Contributory Negligence Principal

    Reliance on contributory negligence (Section 6:101.1 Civil Code) may come in useful for contractors who have violated their duty of notification. Contracting work: contractors’ duty of notification Section 7:754 of the Dutch Civil Code requires contractors entering into or executing the...
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  • Rent and Bankruptcy

    In a recent decision (19 April 2013, LJN BY 6108, Koot Beheer/Tideman q.q.) the Supreme Court ruled that in the event of a tenant’s bankruptcy the liability for compensation following termination by the receiver of the tenancy agreement will not be an estate debt although the claim arises from...
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  • Change in Division into Apartment Rights

    In the current market the transformation of real estate is a trending topic. If a complex has been divided into apartment rights, the deed of division of property will often have to be changed. Problems may arise if the complex is in the hands of more than one apartment owner. Until 1 May 2005 ch...
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  • Crisis and Recovery Act Renewed: an Overview of the Advantages

    On 26 March 2013 the Upper House approved renewal of the Crisis and Recovery Act. The Crisis and Recovery Act has been renewed for an indefinite period until the Environment and Planning Act and further amendments to the General Administrative Law Act have taken effect. The Crisis and Recovery Act w...
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  • Is supplementation of award decision allowed after all?

    According to a recent ruling of the Supreme Court(1) award decisions may not be supplemented.  The highest court of justice held that the State should not have excluded the tender (of KPN) after the award decision had been taken as Article 6 of the Wira(2) requires the award decision to state a...
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  • Authorities and companies should make faster payments

    Authorities usually observe long terms for payment, but this will be a thing of the past for new contracts.  Effective from 16 March 2013 commercial contracts (supply of goods or services) between companies and between companies and authorities will be subject to statutory payment terms. If ...
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  • Be Aware! Drastic Alterations May Entitle Entrepreneurs to Exemption from Transfer Tax

    The law exempts the transfer of real property from turnover tax; transfer tax is due, however. In new construction projects the transfer is subject to turnover tax. A common question is whether upon acquiring real property turnover tax (deductible expenditure) or transfer tax (costs) must be paid. ...
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  • Changes in right to institute inquiry

    As a special division of the Court of Appeal of Amsterdam the Enterprise Division has nation-wide jurisdiction to hear and decide on applications for instituting inquiries into the policy and affairs of a legal entity and to provide for immediate relief.  This inquiry procedure has been laid do...
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  • New Procurement Act: More Market Opportunities

    On 1 April 2013 the new Dutch Procurement Act will be taking effect. The introduction of this Act is expected to create new opportunities for undertakings that previously lost out in (European) tendering, for instance because they were sidelined by the steep price competition, disproportionate selec...
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  • Complaining about projects not as easy

    Last year we informed you about the Procedural Administrative Law (Adjustment) Act ('Wet aanpassing bestuursprocesrecht' or 'Wab'). An important consequence of this Act is that complaining about projects is not as easy as it used to be. Meanwhile this Act took effect on 1 January 2013. Further to...
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  • Rent and duty of exploitation

    In our practice we increasingly get asked whether during the term of the tenancy agreement tenants may terminate or cease the actual use or exploitation of the business premises they rent. For economic reasons tenants may want to close shops or restaurants prematurely, or cease the use of office...
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  • Construction disputes need not be taken to civil court

    On 21 September 2012 the Dutch Supreme Court gave a ruling on the possibility of submitting construction disputes to the Court of Arbitration instead of the civil courts, which often lack knowledge of building matters. This is a landmark ruling for the building industry. By declaring applicable ...
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  • Procurement law: tender invalid in absence of genuine signature

    Tenderers may regret the lack of a legally valid, genuine signature on their tender documents. If the signature does not satisfy the criteria the tender could be declared invalid. In its selection guide for European non-public invitations to tender (communication services) the NL Agency (part of...
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  • Easier to rent out vacant office and residential properties

    In the course of 2013 the new Vacant Property Act should make it easier for owners of property that is for sale and vacant property not designated for residential purposes to rent out their property. If the designated purpose of the property has not yet been determined these owners could profit from...
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  • Sanctions for Missing Energy Performance Certificate Buildings

    Effective from 1 January 2007 energy performance certificates (‘EPC’) are required upon the sale and lease of all buildings including residential properties, office buildings, retail properties and hospitals. Not providing such certificate, however, does not have any consequences in term...
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  • Everyone Wants to Accelerate the Realisation of a Housing Project

    In times of economic crises it is important, for several reasons, that physical planning and infrastructural projects can be developed and realised faster. But which tools are available? The Environmental Permitting (General Provisions) Act (‘Wabo’) embraces the integrated environmen...
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  • Urgent Interest

    Under Article 254 of the Code of Civil Procedure the interim relief judge has jurisdiction only in urgent cases in which given the parties’ interests injunctive relief is required. This means that the claimant must have an urgent interest in the relief sought for the interim relief judge t...
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  • Case Law Section: ‘Disciplinary Law Architects’

    This case law section focuses on disciplinary law for architects. Complaints about architects who are members of the Royal Association of Dutch Architects (‘BNA’) can be filed with the Supervisory Board (and Board of Appeal on appeal) only. Complaints should be based on the Code of Conduct that ...
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  • Introduction Flex B.V. as from 1 October 2012

    On 12 June 2012 the Ministry of Security and Justice announced that the Upper House has approved the Flex B.V. bill, which will take effect on 1 October 2012. With this bill the rules for private limited liability companies will become simpler and more flexible. The consequences for B.V.’s i...
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  • Due dates in public procurement: legal consequences should be specified

    After the selection procedure the contracting party just wants to award the contract to the winning bid. There are, after all, major interests at stake in starting a project as soon as possible. Article 4 of the WIRA (Improving the effectiveness of review procedures concerning the award of publi...
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  • The Administrative Law (Amendment) Act

    On 27 March 2012 the Lower House unanimously accepted the legislative proposal on the “Amendment of the general administrative law act and related acts with an eye to some improvements and simplifications of procedural administrative law (in short: the Procedural Administrative Law (Adjustment...
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  • Right of owners’ associations and individual apartment owners to bring action in case of defects in new apartment building

    Contractors (or project developers) often sell apartment rights in a building even before that building has been completed. To this end a contract of sale / building contract is made. The building (to be constructed) is then divided into apartment rights and the apartment right sold is transferr...
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  • Themed case law section on relativity requirement

    This case law section focuses on the relativity requirement provided for by the Crisis and Recovery Act ('Crisis- en herstelwet') that took effect on 31 March 2010. The relativity requirement will most likely be introduced definitively in administrative law via the Procedural Administrative Law (Ame...
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  • Introduction

    Slangen Advocaten’s lawyers are specialists in real estate, in the broadest sense of the word. The precise contours of our work are not easy to define. Real estate is much too diverse an area for this, with a lot of overlap with other legal areas. Generally speaking, it's in such matters as c...
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  • The ‘Flexible Private Limited Company’

    The ‘flexible private limited company’ has finally arrived. On 4 October 2011, the Dutch House of Representatives passed the ‘Act Implementing Simplification of and Greater Flexibility for Private Limited Company Law’. The intention is to implement the Act in mid-2012. The ne...
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  • Vacant property: what can you do about it?

    Vacant commercial property (offices, shops and other business space) is a general problem in the Netherlands. In 2010, about 15% of the total stock of office space was vacant, due to, among other factors, a lack of growth in the working population. New construction is still being built, though, beca...
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  • Case-Law

    Leeuwarden Court of Appeal, 5 July 2011 (LJN (National Case-Law Number): BR 2500) Inclusion of an arbitration clause in the general conditions of a building contract is impermissible. General conditions (for instance, the Uniform Administrative Provisions for the Execution of Works 1989 (UAV 198...
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