Property

Buying a house isn't something you do every day. There are significant interests involved, and often emotions too. Hiring a real estate agent isn't mandatory, but it is wise. Our region has many real estate agents, many of whom are excellent. They know their way around. They know the ropes. They can help you find a home. They can support you with your due diligence obligations as a buyer and with setting the price. In most cases, the selling agent draws up the purchase contract. Some buyers or sellers choose not to use a real estate agent for cost reasons. That's often penny wise, pound foolish. A good real estate agent doesn't cost you money; it earns you money.

As a buyer, you can have your real estate agent draw up a purchase contract. Most agents do this very well. You can also do it yourself or ask the notary to do it for you. In any case, if you haven't chosen a buyer's agent, it's unwise to have the seller's agent draw up the purchase contract; after all, they serve the seller's interests.

Because the deed of transfer is the execution of the purchase agreement and it is important that the purchase agreement is legally sound and accurately reflects what the parties have agreed with each other, you see that in Amsterdam the notary, in his office together with the seller(s) and buyer(s) and their brokers, draws up and has the purchase contract signed.

Draw up a purchase contract yourself

If you want to draft a purchase contract yourself, it's best to use a standard model purchase contract. These can be easily found online, for example, at www.eigenhuis.nl. If you draft a purchase contract yourself, be sure to have the most recent version of the chosen model, which incorporates the current rules and laws. It's wise to attach appendices to which you can refer in the purchase contract. Consider:

• The cadastral map and the cadastral extract
• Leasehold conditions
• Annual reports of the Owners' Association
• The proof of ownership of the selling party (the current owner)
• Easements
• Deed of division (only for apartments)

Let us take a look

The "provisional" purchase agreement is an important document. Don't take it lightly, especially if you lack any experience, knowledge, or skills. A mistake with serious consequences, including financial ones, is easily made. For example, if you haven't properly formulated or carefully developed a resolutory condition, you might lose your deposit on the transfer date, and the seller might still sell and transfer that lovely house you could already picture yourself living in to someone else. Let us take a look. If you'd like us to prepare the deed of transfer and mortgage deed for you, we'll review the draft purchase agreement free of charge and amend it immediately if necessary, without charging anything. We can also draft the entire purchase agreement for you. We offer many different models, including buyer- and seller-friendly ones.

When you sign a purchase contract as a private buyer, you are not yet bound by it. The law provides you with a minimum three-day cooling-off period. This only applies to the buyer; the seller does not have a cooling-off period. During the cooling-off period, you can cancel the purchase free of charge and terminate it without giving any reason. Do this in writing, preferably by email and by registered mail. This prevents hassle. If you anticipate when entering into the purchase contract that a three-day cooling-off period is too short, you can agree on a longer period with the seller.

Please note! Your cooling-off period begins when the seller receives the signed purchase contract. It ends three days later at midnight. The General Terms and Conditions Act applies, meaning weekends and public holidays do not count.

In a row:

• Purchase agreement received on Monday; cooling-off period ends on Thursday.
• Purchase agreement received on Tuesday; cooling-off period ends on Friday.
• Purchase agreement received on Wednesday; cooling-off period ends on Monday.
• Purchase agreement received on Thursday; cooling-off period ends on Monday.
• Purchase agreement received on Friday; cooling-off period ends on Tuesday.
• Purchase agreement received on Saturday; cooling-off period ends on Tuesday.

Economical or not economical

With an energy label, buyers and tenants can see at a glance whether a home is energy-efficient or not. This is useful, because choosing an energy-efficient home means lower energy bills, greater living comfort, and reduced CO2 emissions—so better for the environment! The energy label for homes indicates how energy-efficient a home is compared to similar homes, using classes A (green, very energy-efficient) through G (red, very inefficient). An energy-efficient home has good insulation, double glazing, energy-efficient heating, and solar panels. The energy label is a document that describes these features.

Fine

At the beginning of 2015, all five million homeowners received a provisional energy label from the national government. This label is based on factors such as the year of construction and is intended to encourage people to consider opportunities for a comfortable and energy-efficient home. When selling or renting out a property, you must have the provisional label finalized. This can be easily done online and costs anywhere from a few euros to a few tens of euros. If you're missing a final label when selling or renting out a property, you risk a fine of up to €405. That's a shame.

For the seller

If you sell your house, you must show the buyer your home's energy label. Applying for an energy label costs anywhere from a few euros to a few tens of euros. You can request an energy label at www.energielabelvoorwoningen.nl.

This is done in six steps:

1. Log in with DigiD
2. Check your home details and adjust them if necessary (maximum 10 details)
3. Add evidence to the online housing file
4. Select a certified expert to review the evidence
5. Send data
6. Receive an energy label (registration is automatic)

For the buyer

Buying a house? Pay attention to the energy label. A house with a green energy label (label A or B) is not only more comfortable, it also saves you considerably on energy costs. Over 10 years, the difference compared to a comparable, inefficient house can amount to thousands of euros. A slightly more expensive but more energy-efficient house can therefore be more advantageous than a cheaper, inefficient one. Does the house for sale not have an energy label? Ask the seller or real estate agent for one. As a buyer, you are entitled to one.

The notarial deed of transfer is always registered in the land registry. It is therefore publicly available. This does not apply to the private—non-notarial—purchase agreement. However, the signed purchase agreement can be registered. This is called " Vormerkung " (registration), and it offers the buyer protection.

Protection against sales to others

Suppose the seller, despite the contract, has made a commitment to other buyers or even taken steps with them. They might have offered a higher bid. If you had registered your purchase contract with the Land Registry, you'd be giving those other buyers the cold shoulder. You'd then have the first rights to the house, plot, or other real estate for six months.

Protection against bankruptcy

Another threat arises when the seller goes bankrupt and other parties, such as the tax authorities, can seize the property. Registering the purchase contract can prevent the sale from going through. A bankrupt cannot transfer ownership of real estate. Without buyer protection, you'll miss out.

Please note that your buyer protection is only valid for six months. It's also important to know that you'll incur additional costs. The Land Registry will request a fee, and we charge a fixed fee for our services, which you can find on this website under "rates."

Notary intervention is always required

When you buy a house, you naturally immediately think of the notary. And that's understandable. You can't acquire ownership of a property without the notary's involvement. First, you have to find a suitable and affordable home. That's quite a challenge. You can do it yourself or be guided by a buyer's agent. They assess the condition of the property and the price and can protect you from pitfalls. They negotiate for and on your behalf with the seller or seller's agent regarding the purchase price, the other terms, and the transfer date at the notary. The agent documents this in a purchase contract that is signed by both parties.

Purchase followed by delivery

When you go to the bakery and buy a loaf of bread, ownership of the bread is transferred through transfer of possession. The baker places the bread on the counter, and upon payment of the purchase price, you can take the crispy, fresh bread with you. The purchase agreement is then perfect through offer and acceptance. Buying a house is a little different.

For a private individual to buy a house, a written purchase contract is required. A bakery doesn't require this; but they also don't give you a three-day cooling-off period. However, signing the purchase contract isn't the final step, as ownership still needs to be transferred. And unlike with a bakery, you can't simply put a house on the counter and take it away. The purchase contract is therefore followed by a notarial deed of transfer. Ownership is only transferred once this has been signed and subsequently registered with the land registry.

The purchase contract is often drawn up by the selling agent, often based on a model from the NVM (Dutch Association of Real Estate Agents). The purchase contract names the parties, describes the property, states the agreed-upon purchase price, selects the notary, agrees on a delivery date, and includes statements, warranties, and conditions. For example, the condition that the purchase agreement can be terminated if financing is not secured. You can negotiate the content of the purchase contract beforehand. After signing, you have a three-day cooling-off period. If you wish to reconsider within those three days, you can still do so. After that, you are not entitled to compensation. After that, you are required to pay damages.

The signed purchase contract is sent by the real estate agent to the notary selected by the buyer. The notary will then prepare and schedule the deed of transfer.

Notary choice

The buyer chooses the notary. This only differs if the property is part of a construction project. In that case, the project developer or builder chooses the project notary.

Often, the buyer's real estate agent or mortgage advisor will suggest a notary to the buyer. This can be a valuable suggestion, but the choice is yours. Perhaps you've already had good experiences with a notary, the website appeals to you, a particular notary has a good reputation, or you're considering hiring a notary for other reasons. You can let your real estate agent or mortgage advisor know and have your choice of notary included in the purchase contract.

If a real estate agent or mortgage advisor recommends a notary other than MAES Notaries or Basisnotaries, for example because of a low fee, please know that we would be happy to provide you with a competitive quote.

Deed of transfer

Based on the purchase agreement, we will prepare the notarial deed of transfer. This will be provided to you for our review. You will also receive the settlement statement. The settlement statement lists the amounts due, receivable, and payable, including—in principle—the purchase price, the mortgage amount, transfer tax, VAT, land registry costs, disbursements, KNB quality fund payment, the real estate agent's commission, and our fee.

Payment. Crediting of funds prior to the passing of a deed

Legal provisions prohibit a notary from executing a deed of transfer or mortgage if the funds have not been credited to their principal account before the deeds are executed. Therefore, the balance of the buyer's and/or mortgagor's (debtor/debtor's) settlement statement must be credited to one of our principal accounts before the deeds are executed, and this credit must be visible to us via our online banking.

Ownership and payment

Once we have received the funds, we can execute the deed of transfer and subsequently the mortgage deed. You will then also be given the house keys. We will then arrange for these deeds to be registered in the land registry. By signing the deed of transfer and registering it with the land registry, you become the owner of the house you purchased. The next business day, we will conduct a follow-up check with the land registry, and if the land registry reveals no anomalies, we can proceed with payment to the seller and/or their mortgagee.

Freehold or Buyer's Costs?

That depends. If you buy a new home "freehold" ("von"), you'll face different costs than if you buy an existing home "costs buyer" ("kk"). In all cases, we refer to notary fees. But that gives an inaccurate picture. Notary fees consist of fees, disbursements, and VAT.

Notary costs

Fee

The fee is the compensation for the notary office for the services provided.

Advances

Other costs, disbursements, are only charged, collected, and paid by the notary. They therefore also act as a payment agent. These include costs related to, for example, the BRP (Personal Records Database, formerly GBA-V), VIS (Verification Identification System), Handelzeker (Money Laundering and Terrorism Financing (Prevention) Act), CTR (Central Register of Wills), CLTR (Central Register of Living Wills), CIR (Insolvency Register), Central Register of Curatorships and Trustees (CCBR), Matrimonial Property Register, Chamber of Commerce (KvK) registers, and the Land Registry.

Mandatory contribution to the Royal Dutch Association of Civil-Law Notaries

Since 2018, a mandatory contribution of €8.22 (excl. VAT) per deed has been due to the quality fund of the Royal Dutch Association of Civil-Law Notaries, which notaries are required to pay to the Royal Dutch Association of Civil-Law Notaries.

Transfer tax and VAT

The notary must also collect, declare, and remit the transfer tax for the Dutch government to the Dutch Tax and Customs Administration. He must also remit the VAT on the services he provides to the Dutch Tax and Customs Administration.

Free on name

With VON, the notary fees for the transfer are paid by the seller. VON often works with a purchase/construction agreement. You purchase the land and instruct the contractor to build the house on it. The purchase/construction agreement specifies what will be built, when and how it will be completed, a guarantee and security arrangement, and the payment and interest schedule. You pay in installments as construction progresses. You don't pay transfer tax, but you do pay VAT on the value of the land and the contract price.

With VON, you, as the buyer, don't choose the notary; instead, the project developer or builder has chosen a project notary who, for efficiency reasons, handles the entire project. This project notary has already agreed with their client, the project developer or builder, on the notary fees to be charged to them. The buyer is often still charged the identification costs by the notary. While you can choose your own notary for any mortgage deeds, it's practical and efficient to use the same project notary.

Buyer's costs

Existing homes are a bit different. The buyer is responsible for the costs. These costs include notary fees, disbursements, and, in many cases, transfer tax. The seller is charged identification costs and costs related to the cancellation of their mortgage.

In the notarial profession, a distinction is made between standard and unusual fees. Exceptional fees are charged additionally. Keep this in mind when requesting quotes from notary offices and avoid surprises. Be careful not to compare apples and oranges. Our billing system and fees are transparent and can be found on our website.

Mortgage costs and saving on future costs

In addition to the costs of delivery and transport, you may also incur costs for financing your home. These costs are also included on the same invoice. These are the costs for the mortgage advisor and the mortgage deed.

Deductible for income tax

Remember that you can deduct all costs you incur for financing the home from your income tax.

Save on future mortgage costs

Sometimes it's possible to include in the mortgage deed that the registration amount is higher than your mortgage loan. The registration amount is the amount for which the mortgage is established on the property and the amount that is also registered with the land registry. This prevents you from having to go to the notary again if you take out a second loan from the same bank, thus avoiding any additional costs. Consult your mortgage advisor or bank; they can assist you with this.

Purchase followed by delivery

For a private individual to purchase a house, a written purchase agreement is required. But that's not all. The purchase agreement is followed by a notarial deed of transfer. Ownership is only transferred once this has been signed and registered with the land registry. A purchase agreement can be drawn up by anyone. It's wise to seek expert guidance, such as a real estate agent or a civil-law notary. The deed of transfer can only be drawn up by a civil-law notary. The deed of transfer executes the purchase agreement. Therefore, it's important that the purchase agreement is properly drafted, so it can be executed correctly and no notarial work is required.

Deed of delivery or deed of transport

Once the real estate agent has drawn up the purchase contract, the notary will prepare the transfer of ownership after receiving it. They will request, collect, verify, and process information about the parties and the property into a deed of transfer and a settlement statement.

In short, the notary must perform at least the following usual duties when transferring registered property (for example, a house):

• Receiving the signed purchase contract, monitoring deadlines, requesting, collecting, verifying, and processing information about the parties and the property in the file. This request is made from: BRP (Personal Records Database, formerly GBA-V), VIS (Verification Identification System), Handelzeker (Money Laundering and Terrorist Financing (Prevention) Act), CTR (Central Register of Wills), CLTR (Central Register of Living Wills), CIR (Insolvency Register), Central Register of Curatorships and Trustees (CCBR), Register of Marital Property, Chamber of Commerce (KvK) and the Land Registry.
  
• A Land Registry investigation is conducted to determine how and when the seller acquired ownership of the registered property to be transferred. This title will be requested from the Land Registry and verified.
  
• A check with the Land Registry to determine whether the registered property is subject to a mortgage or attachment, and to verify whether a previous purchase agreement for that registered property has already been registered with the Land Registry. The documents registered with the Land Registry will be requested, verified, and any consequences will be followed up. Banks, attaching parties, or other parties will be contacted and asked to cooperate.
  
• Check whether the property is a monument or whether it is located within a protected townscape or village view.

• Investigate whether there are any easements or special provisions (chain clauses, qualitative obligations or municipal regulations), insofar as these arise from the last title deed.
  
• Investigate whether there is a leasehold, building right or a preferential right of the municipality.
  
• Check whether there is a notice from building and housing supervision.
  
• Investigate whether there is a case of land consolidation (land consolidation).
  
• Monitor the payment of any security deposit or issuance of a bank guarantee and communicate this to the parties involved.
  
• Correspondence with seller, buyer, banks, real estate agent(s) and other intermediaries.
  
• Drawing up a draft of the deed of transfer and the mortgage deed.
  
• Requesting the necessary funds from the lender(s).
  
• Preparing and sending settlement invoices to the relevant parties, listing all amounts payable and settled upon transfer, such as: the purchase price, ground rent, fees, transfer tax, VAT, land registry fees, identification costs, disbursements, notary fees, real estate agent commission, mortgage advisor commission, valuation notes, business expenses (property tax, water board charges, sewerage charges, homeowners' association service charges), mortgage amount, closing costs, cancellation fees, and KNB quality fund contributions. Both the buyer and seller will receive a settlement invoice.
  
• Sending - if possible at least one week before the date of signing the deed(s) - a draft of the deed(s) to the parties, brokers and other intermediaries.
  
• Taking note of and processing comments on the first draft of the deed(s) and distributing a second – amended – draft.
  
• Check that the mortgage funds to be received and any equity have been credited to our quality account on time, i.e. before the moment of passing the deed(s).
  
• Shortly before passing the deed(s), check again with the land registry the ownership situation with regard to the registered property and any existing mortgages or attachments.
  
• Discuss the deed(s) with the parties and then pass the deed(s).
  
• Registering the deed(s) in the land registry.
  
• Check the confirmation of receipt of the deed(s) at the Land Registry and re-check with the Land Registry the ownership situation with regard to the registered property and any existing mortgages or attachments.
  
• Payment of funds to the seller, his lender(s), municipality, Owners' Association, estate agent(s), appraiser(s) and any others, including the buyer, on the first or second working day after the deed(s) have been passed, depending on the time of passing.
  
• Preparing the transfer tax return, timely payment of this tax to the Tax Authorities and registration of the deed(s) with the Tax Authorities.
  
• Issue a digital copy of the deed of transfer and/or mortgage to the new owner (and, in the case of a leasehold, also to the bare owner) and the mortgage bank. The digital copy is a true copy of the deed's contents. This copy is not signed, but you can use it for various authorities (such as the municipality) that request it. Occasionally, a signed copy is requested. This is a (paper) copy of the deed's contents with the notary's signature underneath. If you need one, you can request one by sending us an email. For the cost of a paper copy, please refer to our rates.
  
• Store the minute (original) deed in the safe and keep it there forever.

When you buy a house, you will usually face two types of notary costs:

• Notary costs for the delivery – the transfer – of the property.
• Notary fees for financing the home or other registered property.

All costs incurred for financing the home can be deducted from your income tax. This includes:

• Advice and brokerage costs for your mortgage advisor
• Commitment fee
• Notary costs for the mortgage deed
• Cadastral rights for the mortgage deed
• Valuation costs for obtaining the loan
• Costs for applying for the National Mortgage Guarantee
• Penalty interest
• Construction interest that you paid after signing the preliminary purchase contract, but before signing the mortgage deed
• Costs for your new construction deposit or renovation loan or renovation deposit

Not deductible are:

• Brokerage costs for the purchase of the home, for example real estate agent commission
• Transfer tax and sales tax
• Notary fees and cadastral fees for the deed of transfer
• Maintenance and renovation costs (for a national monument building, you may deduct these costs under certain conditions)
• Repayment of mortgage debt
• Interest and costs of a loan that is not considered a mortgage due to the additional loan scheme
• Interest on loans you took out to pay deductible interest and loan costs, such as a loan to pay penalty interest or construction interest. (Interest on a loan taken out before January 1, 2001, to pay deductible refinancing costs or construction interest is deductible.)
• Costs of a bank guarantee for paying a deposit

Business expenses are the charges levied annually by the municipality and water board. Examples include property tax (OZB) and sewerage charges. Because municipalities are free to set their own rates, the fees vary. The number of residents registered at the address is a determining factor. For example, you'll pay more sewerage charges if four people are registered at the same address than if you live alone.

Settlement after transfer

Business expenses are typically charged to the owner or primary tenant of the property. The reference date is January 1st. This means that if you take delivery of a house on a different date, the seller has already paid your business expenses for the entire year. The notary will therefore ensure that the seller recoups their expenses by offsetting them against you, the buyer, pro rata to the number of days the seller owned the property.

Will the notary settle all business expenses?

No, the notary only settles owner charges such as property tax, sewerage charges, water board charges (built rate), and any road charges. User charges such as water board tax (unbuilt rate), water purification charges, waste disposal charges, pollution charges, etc., can only be settled through the municipality. You may be able to take these charges with you if you move to another address within the same municipality, or they may be refunded when you leave the municipality.

KIK deed

A KIK deed is a notarial deed of transfer and/or mortgage that can be registered in the public registers of the Land Registry using the KIK procedure. With KIK—an abbreviation of Chain Registration Land Registry—the deed is registered fully automatically (with standard texts in XML format). This saves the Land Registry time and money. Therefore, the Land Registry charges you a significantly lower fee for this (in 2022: €78.50 instead of €137.50). You will see this reflected on the notary's invoice, which will pass the cadastral costs on to you.

KIK upon delivery

Unfortunately, not every deed can be registered through KIK. This is not possible for a deed of transfer if:

• One of the owners signs or acts in various capacities by proxy
• There is a partial plot
• Delivery takes place through succession
• In the case of a number of limited rights (e.g. building rights and easements)
• The part sold is part of a (new construction) project and limited rights must be established
• When one of the parties resides abroad

KIK for mortgages

Even when registering a mortgage deed, the KIK procedure cannot always be followed. The deed can only be registered as a KIK deed (as of 2022) if your mortgage loan is provided by: Rabobank, ING Bank, ABN-AMRO Bank, Florius, MoneYou, Regiobank, Munt, Aegon, SNS, Obvion, ABP, or BLG.

Ownership is the most comprehensive right you can have in a thing. Things are tangible objects susceptible to human control. A limited right is a right derived from a more comprehensive right that is preserved with the limited right. You might want to read that one twice. We have a closed system, which means that all limited rights are incorporated into law. Limited rights can be divided into rights of use and security rights. Rights of use include usufruct, easements, leasehold, building rights, and condominium rights. Security rights include pledges and mortgages.

Easements, leaseholds, building rights, apartment rights, and mortgages are registered property. Registered property is property for which transfer or establishment requires registration in designated registers. Such registers are kept by the land registry. Registration is done by entering a copy of a deed in the designated public registers. This deed must be a notarial deed. This means that for the establishment or transfer of easements, leaseholds, building rights, apartment rights, and mortgages, you always need to visit a notary. It's best to arrange it properly.

An easement is a burden that encumbers one immovable property—the servient tenement—for the benefit of another immovable property—the dominant tenement. The owner of the dominant tenement can be obligated to pay the owner of the servient tenement a sum of money—the fee—at regular or irregular intervals. The burden an easement imposes on the servient tenement consists of an obligation to tolerate or refrain from doing something on, above, or below one of the two properties. Consider a right of way, which allows you to cross your neighbor's property to reach your own garage, for example, or consider your neighbor's solar panel that might be on your roof.

An easement arises by establishment or prescription. An easement is established by an agreement recorded in a notarial deed. This deed must then be registered in the public register to complete the establishment. The Land Registry maintains this public register. An easement remains with the property after its sale.

An easement can arise not only through establishment but also through prescription. Someone who possesses an easement in good faith acquires it through acquisitive prescription after an uninterrupted period of 10 years. This requires possession and good faith. Good faith is lacking if the possessor can know, by consulting the public register at the Land Registry, that the easement belongs to another person.

Another form of prescription is liberative prescription. Under the old Civil Code, only a perpetual and visible easement could be acquired through prescription. A right of way is not perpetual. Actual action is always required to exercise it. Since January 1, 1992, an easement is acquired after an uninterrupted period of 20 years, even if the possessor is not acting in good faith.

The owner of the dominant or servient property can ask the court to amend the easement. It is important that all owners of the relevant parcels are involved in this procedure.

The court may revoke an easement at the request of the owner of the servient estate if the owner of the dominant estate no longer has a reasonable interest in exercising the easement and that interest is unlikely to return.

Parties can also jointly waive the easement rights by notarial deed. This deed will also be registered in the public registers.

Leasehold is a property right to use land owned by someone else. With municipal leasehold, the municipality owns the land. The special and general leasehold terms and conditions stipulate the terms and conditions and the compensation (the ground rent) the leaseholder owes the owner for the use of the land. These terms vary from municipality to municipality. The original purpose of leasehold was to prevent land speculation. Leasehold revenues benefited the community, allowing them to finance communal facilities. The leasehold system makes buying a house more affordable. You don't have to buy the land yourself; you only pay a periodic fee for its use. There are various types of leasehold. For example, land can be leased in perpetuity. The value of the land on which ground rent is due is then fixed forever and cannot be adjusted. However, there are also leasehold contracts with an end date on which the value of the land, and therefore the amount of the ground rent, can be adjusted. Leasehold can also be converted into ownership. Leasehold terms and conditions are not easy to read. We are familiar with the leasehold terms and conditions of most municipalities in the Rotterdam The Hague Metropolitan Region. We can provide you with comprehensive advice if you intend to acquire land under a leasehold or convert it to freehold ownership.

When someone builds something on someone else's land, the owner of that land automatically becomes the owner of the building. This is legally stipulated. We call this accession. To prevent accession, you can establish a right of superficies. The superficies holder, the person with the right of superficies, then becomes the owner of the building, but not of the land. The owner of the land who grants this right is called the grantor of the right of superficies. The right of superficies is established for a fixed period. A consideration for the right of superficies can be agreed upon: the fee. At the end of that period, the right can be extended or re-granted. If neither party takes any action after the term expires, the right of superficies tacitly continues. A right of superficies cannot provide a solution for multiple land use, but also for, for example, solar panels, geothermal energy storage (WKO), transmission towers, antennas, tunnels, bridges, viaducts, cables, and pipes.

There are different types of building rights. An independent building right means that the right is not dependent on any other right. A dependent building right, on the other hand, is dependent on another right, such as a leasehold, tenancy, or lease. If the right on which the building right depends expires, the building right also ends immediately.

A building right can arise through establishment by notarial deed or through prescription. If the building right holder is acting in good faith, prescription requires ten years of continuous possession. If there is no good faith, the building right arises after twenty years.

What is an apartment right?

Homes come in all shapes and sizes. Buying an apartment is legally very different from buying a terraced house. You're not buying a building, but the right to use part of it (and its appurtenances). All apartment owners collectively own the building. This includes the communal areas. An apartment owner has the exclusive right to use their apartment, parking space, or storage unit.

Where is it arranged?

An apartment right is created when a building is divided into apartment rights. This is drawn up by a notary. A division draftsman creates the division drawings. The deed of division describes the location of the building, how the building is divided, what is private and what is common, which apartment rights exist, who the apartment owners are, and which model division regulations apply. This determines the rights and obligations of the homeowners' association (VvE) and the various apartment owners. The division regulations must include provisions regarding, among other things:

• The costs and debts that are borne by the joint apartment owners
• The use, management and maintenance of common areas and facilities
• How the building is insured
• The establishment and articles of association of the VvE
• How many votes each apartment owner has

There are currently five versions of model division regulations. The most recent is from 2017. Older regulations do not expire once a newer one is published by the Royal Dutch Association of Civil-Law Notaries. We know of model division regulations from: 1973, 1983, 1992, 2006, and 2017.

The VvE

Apartment owners are required to be members of the homeowners' association (VvE). The VvE represents the interests of the joint owners. The deed of division and division regulations can be found in the public register of the land registry. If you are considering purchasing an apartment, be sure to carefully consider the role and situation of the VvE:

• How much are the service fees? Is it monthly, quarterly, or annually?
• Is there still a claim against the apartment's previous owner? If there's an outstanding debt, you, as the new owner, are liable for it.
• What is the maintenance schedule? If a major expense is planned, such as replacing the elevator, you should factor in additional costs.

Not just flats or housing complexes

The term "condominium rights" may wrongly give the impression that it refers exclusively to apartment buildings and similar large-scale housing complexes. A ground-floor apartment with one or more upper-floor apartments can also be considered condominium rights.

Advice

If you want to buy an apartment right, want to incorporate existing or new construction into a division, want to change a division, or have questions about divisions, please know that we have a lot of expertise and experience in this field and are happy to share it with you.

Loan

Most people take out a bank loan to buy a home. They often refer to this as a mortgage, but they actually mean the loan itself.

Security

The bank is happy to lend you money. When lending funds, it wants to be as certain as possible that the interest and principal payments will be made on time and in full. It requires security for this: that right of security is the right of mortgage. This right serves to recover a claim for payment of a sum of money from the subject property, preferentially over other creditors.

A mortgage can only be established on registered property, such as registered ships, aircraft, and real estate. A home can therefore serve as collateral for a mortgage loan. A lien can be established on movable property. The right of mortgage is the strongest security right another person can have. In the worst-case scenario, the mortgagee, the lender, often the bank, can then sell your home at public auction and be the first to receive the proceeds. Because of this security right, you do pay a lower interest rate.

Ranking

You can establish multiple mortgages on a registered property. The first mortgagee has the strongest position. They take precedence over second and subsequent mortgagees.

Bridging mortgage

Sometimes, in addition to the mortgage for your new home, you also need a temporary bridging loan. Suppose you have equity in your home. You want to move and find a new one to buy. To finance this new home, you want to use the equity in your old house. However, the equity isn't available yet because your old house hasn't been transferred or sold. In such cases, the bank is often willing to finance the bridging loan for you. They essentially advance the equity in your home. With such a bridging loan, you only pay interest. Once your old house is sold and transferred, you pay off the mortgage in full.

Naast het inschrijvingsbedrag vermeld elke hypotheekakte ook een opslag voor extra rente en kosten van de bank voor het geval de bank, als de schuldenaar zijn verplichtingen onder de geldleningsovereenkomst niet nakomt, tot executie moet overgaan. Deze opslag ligt globaal tussen de 40% en 60%. Als de bank tot executie overgaat, bijvoorbeeld wegens wanbetaling, dus gaat veilen, kan de bank met deze opslag haar kosten dekken voor de veiling en achterstallige rente. Deze opslag is dus een begroot bedrag. Een schuldeiser kan van de schuldenaar alleen datgeen vorderen dat de schuldenaar ook daadwerkelijk schuldig is aan de schuldeiser.

Het in de akte genoemde hypotheekbedrag, de inschrijving, is hoger dan het bedrag dat door de bank aan de schuldenaar ter leen wordt verstrekt. Dat heet een verhoogde inschrijving, zodat de schuldenaar het gemaximeerde hogere hypotheekbedrag kan opnemen zonder dat er een nieuw recht van hypotheek gevestigd moet worden voor het bedrag dat de initiële lening te boven gaat.

With the National Mortgage Guarantee (NHG), you give your lender the assurance that your mortgage debt will be repaid in certain situations. If you can no longer afford your mortgage due to divorce, unemployment, loss of income, disability, or the death of your partner, the NHG will step in. The NHG strives to help you retain your home. If this is truly impossible, the NHG will take over the remaining debt under certain conditions. In exchange for this assurance, you pay less mortgage interest, but with one-time costs.

You can get NHG if you take out a loan to buy a home, but also if you already own a home and want to renovate it (quality improvement).

You can apply for a mortgage with NHG through your lender or broker. They will assess whether you meet all the requirements of the National Mortgage Guarantee Foundation (the foundation behind the NHG).

The main conditions (2024) are:

• The maximum mortgage for purchase is €435,000 (100% of the market value).
• The maximum mortgage when refinancing is €435,000, including additional costs.
• If energy-saving measures are implemented, the maximum mortgage is €461,100 (106% of the market value). The additional 6% must be spent entirely on energy-saving measures.
• The maximum purchase price/market value for existing and new construction is €435,000.
• If the purchase price is higher than €435,000, but the amount in the valuation report is €435,000 or lower, NHG (National Mortgage Guarantee) is possible. However, a larger equity contribution is required.
• The market value of an existing home, excluding rent and use, must be demonstrated by a valuation report issued by a certified validation institute.
• For new construction, a guarantee certificate must be issued by an institution to which the Stichting Garantie Woning (Home Guarantee Foundation) has awarded its quality mark.

Want to know more? Visit https://youtu.be/eLKya-siXAw.

Joint ownership refers to the shared ownership of real estate. Courtyards, gates, bridges, ditches—just like fire lanes, paths, and shared green spaces—are all things you can share ownership with other homeowners. Note that the property isn't registered in a name, but as a resident, you are obligated to manage and maintain it jointly. You also can't sell a jointly owned property individually.

In the event of divorce or the termination of another form of cohabitation, the parties will also want to separate financially. Their joint assets and debts will then be divided between them. When dividing a home, the intervention of a notary is required. They will draw up the deed of division. As long as this deed is not formalized, both former partners remain jointly and severally liable for the mortgage obligations, even if one of them has already actually vacated the home. So don't wait too long. Don't wait too long for any other reason either. You are still entitled to (mortgage) interest deduction for the home you no longer live in for two years. After that, you no longer have the right to deduct the interest. If you buy another home immediately after vacating the home, you can deduct the interest on both homes for a maximum of two years. So, there's something to gain, but also something to lose.

A financial institution is willing to take risk when lending money to its debtor to acquire real estate. This risk is offset by the return the institution expects to earn by lending funds. For the institution, the risk of lending money lies in the debtor's failure to fulfill their obligations under the loan agreement. This risk can be managed by having the debtor establish a mortgage on the real estate in favor of the financial institution (the bank, mortgagee, mortgagee, lender). A party holding a mortgage has priority over the registered property for its claim. If the debtor (borrower, mortgagor) defaults on their obligations, the mortgagee may sell the property at public auction. A court order is not required. Once the property is sold, the lender has priority over the proceeds, ahead of all other creditors. The mortgage is therefore a strong security right. We assist banks forced to foreclose and organize the foreclosure auction. Auctions in the Rotterdam-The Hague Metropolitan Region are held at Vendu Rotterdam ( https://vendurotterdam.nl/ ) and at the Vendue Huis in The Hague ( https://www.venduehuis.com/ ).

That's possible. As a seller, a private power of attorney is sufficient. However, a notary must notarize your signature. We can arrange this for you prior to the transfer, but you can also ask another notary in your area if that's more convenient for you. As a buyer, a private power of attorney is also sufficient, but if a mortgage also needs to be established, a notarial deed is required. We can, of course, also prepare and execute this for you prior to the transfer if you are unable or unwilling to be present. Just let us know.

Under Article 1:88 of the Dutch Civil Code ("DCC"), one spouse's consent is required for certain legal acts. Article 1:88 DCC stipulates which legal acts require this consent. For example, the other spouse's consent is required for the sale of the marital home, excessive gifts, sureties, and installment purchase agreements that do not fall within the normal course of a profession or business. Article 1:88 DCC is therefore limited to unusual legal acts that could significantly impact the lives of the spouses.

Violation of Article 1:88 of the Dutch Civil Code leads, under Article 1:89 of the Dutch Civil Code, to the other spouse's right to annul the transaction. This means that the other spouse can annul the legal act for which consent is required if that consent has not been given. Annulment of a legal act has retroactive effect. This means that the parties must be placed in the position they would have been in if the legal act had never taken place.

The consent requirement of Article 1:88 of the Dutch Civil Code was introduced by the legislature to protect spouses, in the interests of the family, from performing legal acts that, given their subject matter or nature, entail a significant financial risk.

Under Article 1:88, paragraph 1(a), of the Dutch Civil Code, consent is required for, for example, the sale or rental of the marital home, or for establishing a mortgage on the home. It makes no difference whether both spouses live in the home or only one spouse lives there.

Consent is not formal and can therefore be given orally, but we will always record it in writing. By giving consent, the other spouse does not become a party to the agreement.

The consent requirement of Article 1:88 of the Dutch Civil Code applies only to spouses and registered partners. Cohabiting couples—with or without a cohabitation agreement—cannot rely on Article 1:88 of the Dutch Civil Code. Even after a divorce or legal separation, the other spouse can still annul the agreement if consent has not been granted.

You are liable to pay transfer tax if you become the owner of:

1. A property, such as a home, commercial property or piece of land.
2. Rights to immovable property, such as:
   1. Building rights. Building rights are the right to build something on someone else's property, without that person becoming the owner of what you build.
   2. Leasehold; Leasehold is the right to use the land on which, for example, your house stands, for a fixed or indefinite period, without becoming the owner of the land.
   3. Membership rights of cooperative apartment associations; Membership rights of a cooperative apartment association are the right to use (part of) a building owned by the association, without becoming the owner of that (part of) the building.
3. Shares in a public limited company (NV), private limited company (BV), or partnership whose assets consist primarily of real estate. We call these immovable property entities.
4. A membership right of a (cooperative) apartment association
   Membership rights to a (cooperative) apartment association are the right to use (part of) a building owned by the association, without becoming the owner of that (part of the) building.

You do not have to pay transfer tax or file a tax return if you:

1. You become the owner of a property when you get married or enter into a registered partnership, where this is stipulated in the terms and conditions.
2. You're getting divorced and become the owner of real estate previously owned by you and your spouse or registered partner. This doesn't apply if you were married under a prenuptial agreement or had a registered partnership with a prenuptial agreement.
3. You own real estate and are building something in or on it.
4. Inherits real estate.
5. Together with other heirs, the real estate from an inheritance is divided in such a way that it is transferred to the name of one of the heirs.

Transfer tax is payable on the market value of the property. This is the highest sales price you can obtain if you offer the property for sale on the open market. This price is usually at least equal to the purchase price.

If you acquire real estate within six months of the seller becoming the owner, the Tax Authorities will reduce the value of the property by the amount the seller owed tax on when they became the owner. This only occurs if:

• The seller was liable for transfer tax
• The seller was charged sales tax, which the seller did not deduct
• In that case, the seller must be a private individual or an entrepreneur who does not perform VAT-taxable services.

If you become the owner of a property within six months of the seller becoming the owner, you will pay less tax. However, the seller will not receive any money from the tax authorities. The seller may agree with you that you will reimburse their transfer tax.

De Staatssecretaris van Financiën heeft bij besluit van 22 februari 2017, nr. 2017-36415, goedkeuring gegeven op basis waarvan het mogelijk is om de leveringsakten van twee of meer opvolgende en met elkaar samenhangende overdrachten op dezelfde dag in omgekeerde volgorde te passeren, op grond waarvan overdrachtsbelasting wordt geheven over de verkrijging in de eerst gepasseerde leveringsakte en artikel 13 Wbr van toepassing is voor de verkrijgingen krachtens de opvolgende leveringsakten.

Indien mogelijk zal deze omgekeerde volgorde van passeren van de betreffende leveringsakten, op verzoek van een der of van beide Partijen, worden toegepast op de levering van het Verkochte.

Het uitgangspunt is uitdrukkelijk dat de gewijzigde volgorde van passeren en heffing financieel niet nadeliger mag zijn voor de andere partij. In verband daarmee geldt in ieder geval dat Koper in totaal niet meer zal betalen dan hij aan overdrachtsbelasting zou zijn verschuldigd indien artikel 13 Wbr niet van toepassing zou zijn.

The transfer tax rate is:

• 2% for the home in which the buyer will live for a longer period of time and to which the starter exemption does not apply.
• 10.4% for all other real estate , such as plots of undeveloped land, holiday homes, commercial properties and, for example, a garage attached to the house that you do not purchase at the same time as the house.

Yes. If you have to pay transfer tax, you can sometimes be exempt. This is possible under certain conditions, such as:

• You must pay both transfer and sales tax
• Real estate between cohabitants is divided
• You buy an estate
• There is a transfer of business to family members (from parents to children, from grandparents to grandchildren and from brothers or sisters to each other)
• There is a contribution to a company (which is not a public limited company or private limited company)
• There is a conversion of a company into a public limited company or a private limited company
• A company merges, splits or reorganizes internally
• Agricultural and horticultural companies are being expanded or relocated
• Lands are being redeveloped
• There is urban restructuring

Are you acquiring a home that you intend to live in for a longer period? And do you also meet the other requirements? Then you may be eligible for a first-time buyer exemption from the transfer tax.

Conditions for the starter exemption
You are entitled to the starter's exemption if you meet the following 4 conditions.

• You acquire a home in which you will live for a longer period of time.
• You are of legal age and younger than 35 years old at the time you acquire the home.
  The moment of acquisition is the moment of signing the notarial deed of transfer.
• If you acquire the property, its value may not exceed €525,000 (2025). This refers to the market value, meaning the maximum market value of the property. This includes the property and any appurtenances, such as a garden, shed, or garage. This is usually equal to the purchase price stated in your purchase agreement.

The transfer tax rate of 2% applies to the home in which you will live for a longer period of time.

By residential properties we mean immovable property that is intended for residential use at the time of transfer.

What belongs to a home?

A house also has outbuildings. Outbuildings are always located near the house, for example:

• a garden
• a garage
• a shed
• a conservatory
• an extension or expansion
• a garden house

When does a garage belong to a home?

A garage belongs to a house if it's part of the same building complex. For example, an apartment building with a garage on the ground floor.

Is the garage located on a different property? Then the 2% rate still applies if the house and garage are adjacent and considered a single unit.

If the house and garage are not considered a single unit, you will pay the 10.4% rate on the garage.

NB!

If you buy the garden, garage, or shed after you buy the house, you'll pay 10.4% transfer tax on it.

You will renovate the house first

Are you renovating your home before moving in? Then you're also entitled to the lower rate of 2%, but you must live in the home yourself for a longer period after the renovation.

NB!

The 2% rate applies only to the acquisition of the property at the time of transfer at the notary's office. If you already have the property, for example, to carry out renovations, you may have to pay 10.4% instead of 2% transfer tax.

You are going to rent out part of the house

Are you buying a property and intending to rent out part of it? The low 2% rate does not apply to the rented portion of the property. You pay 10.4% transfer tax on that portion.

Do you only rent out 10% of the property? And do you occupy 90% or more of the property yourself for an extended period? Then you can apply the low rate of 2% for the entire property.

The house is part of a commercial building

Are you purchasing a commercial property designated for residential use, for example, a ground-floor shop with an apartment above? And will you be living in the residential unit for an extended period? Then the low rate of 2% applies to the value of the residential unit.

You pay 10.4% transfer tax on the remaining value of the commercial property.

What do you need to do to qualify for the low rate (2%)?

When purchasing the property, you must declare that you will be living in the property for an extended period. To do this, you must complete the Low-Rate Transfer Tax Declaration .

NB!

The signed declaration must be in the notary's possession before the property is transferred. The notary will add your declaration to or in the deed.

Unforeseen circumstances

Are you unable to occupy the property yourself due to unforeseen circumstances, for example, an unexpected divorce or the unexpected death of the buyer, and you inherit the property? And did this unforeseen circumstance arise between the time of the purchase and the signing of the deed at the notary (the acquisition)? Then you can still benefit from the reduced rate. You must declare that you (or the deceased) intended to occupy the property for a longer period. This can be done with the Declaration of Unforeseen Circumstances for Transfer Tax .

NB!

The signed declaration must be in the notary's possession before the property is transferred. The notary will add your declaration to or in the deed.

The rate of 10.4% applies to real estate such as:

• appurtenances that are not purchased at the same time as a home
  For example: a garden, garage or shed.
• holiday homes and second homes
  This also includes a chalet or mobile home that you buy at a holiday park and rent or lease the land, for example. This is called "economic ownership."
• the home of the parents that the children buy and in which the parents continue to live
• commercial buildings and business premises
• land intended for residential construction
• plots of undeveloped land
• a purchased jetty and the water at a houseboat
• hotels and guesthouses
• church buildings
• a property intended for use as a nursing home, care facility or hospital
• boarding schools
• the acquisition of economic ownership

Are you buying a commercial property that also includes a (company) home? And will you be living in the residential unit for an extended period? Then the 2% transfer tax rate , or the first-time buyer exemption , applies.

The 10.4% rate applies to commercial space. However, if the commercial space accounts for 10% or less of the building's surface area, the 2% rate, or the starter's exemption, applies to the entire building.

How you pay transfer tax depends on how you became the owner:

• You have had a notarial deed drawn up by a notary, who then registers it with the Land Registry. You then become the legal owner;
• You have had a notarial deed drawn up by a notary, but that deed is not registered with the Land Registry. You then become the beneficial owner;
• You haven't had a notarial deed drawn up. You then become the beneficial owner;
• You have had a notarial deed drawn up.
• If we've drawn up a notarial deed for you, you don't have to do anything. We'll then file your digital tax return, collect it, and pay the transfer tax on your behalf. We're even liable for this.

We then inform the Tax Authorities:

• whether you have to pay transfer tax and, if so, how much;
• whether you are entitled to one or more transfer tax exemptions.

By law, a civil-law notary is required to maintain one or more trust accounts, also known as escrow accounts or third-party accounts. These accounts hold funds entrusted to the civil-law notary by third parties in connection with the notary's work, resulting in a payment obligation from one party to the other. For example, in the transfer of a property, where cash flows flow between the buyer, bank, and seller. With a trust account, the civil-law notary keeps the funds of clients and third parties separate from their own office assets. This protects the funds of clients and third parties from improper use or bankruptcy. Without this special legal provision, clients who deposited money in the notary's account might lose part of their money if the notary were to become bankrupt.

Because the law imposes these special consequences on the escrow account, this account may only be used for monetary transactions in which the notary is directly involved. This means that the notary has performed work that results in a payment obligation for one contracting party to the other. For example, the buyer's obligation to pay the purchase price. In other cases, the notary may not receive money into their account.

MAES Notaries banks with ABN AMRO Bank and Rabobank. Our quality accounts are:

Quality accounts MAES notaries

Rabobank Rotterdam eo .
IBAN NL91RABO 0170 0703 60
BIC RABONL2U

ABN Amro
IBAN NL29ABNA 0481 4729 24
BIC ABNANL2A

No. Legal provisions prohibit a notary from executing a deed of transfer or mortgage if the funds have not been credited to their principal account before the deeds are executed. Therefore, the balance of the buyer's and/or mortgagor's (debtor/debtor's) settlement statement must be credited to one of our principal accounts before the deeds are executed, and the credit must be visible to us via our online banking.

It is customary for the buyer of a registered property to deposit the purchase price with the notary. Upon the transfer of a registered property, the seller and buyer usually agree that the transfer will take place free of mortgages and attachments. According to the Supreme Court ruling of January 30, 1981, NJ 1982, 56 (Baarn attachment), the notary may only make the buyer's consideration available to the other party after verifying that the transfer has indeed taken place free of mortgages and attachments. A proper follow-up investigation will determine whether this has been fulfilled.

The notary's ability to pay out therefore depends on when the subsequent investigation provides an up-to-date overview of mortgages and liens that can be used against the buyer. This timeframe depends on how quickly the Land Registry identifies mortgages and liens offered. The notary must wait for the maximum period required by the Land Registry for this purpose.

A Baarn Seizure procedure occurs when two civil-law notaries are involved in a transfer and mortgage file. One notary handles the transfer. The other notary handles the mortgage.

Suppose we prepare the mortgage, but a different notary prepares the deed of transfer. The other notary requests the funds from us and we must transfer them to that other notary on the day of transfer.

Suppose we execute the deed of transfer, but a different notary handles the mortgage. We request the funds and must receive them from the other notary on the day of transfer.

The two civil-law notaries involved in a Baarn seizure procedure must act in accordance with an established procedure laid down in a letter signed by both of them.

Because this leads to (additional) unusual work, the notaries will charge the parties involved a surcharge for this work.

Yes. We have a card reader at the office, so you can pay immediately, without having to carry cash around, and we don't keep a full account at the office. It's very safe. Please note: you cannot exceed the card limit agreed upon with your bank.

Notaries are not allowed, under their professional rules, to accept or pay out cash amounts of €2,500 or more.

According to our professional rules, disbursements of funds in real estate files to third parties, such as the seller, the mortgage bank, or an intermediary, may not take place until we have conducted a follow-up investigation in the public registers held by the Land Registry. We can only conduct this investigation on the first business day after the deed is registered in the public registers. Therefore, there is a one or two business days between the execution of the deed and the disbursement.

Own account only

When buying or selling real estate, the notary may only disburse funds to the person directly involved in the transaction and entitled to payment. This also applies to mortgages. In the case of a sale, the notary deposits the funds into the seller's own account. In the case of a mortgage, the notary deposits the funds into the mortgagor's (the debtor's) own account. Therefore, funds cannot be transferred at the request of a seller or mortgagor to a bank account not registered in their name. Transfers to a "joint account" to which someone other than the seller/mortgagor is also entitled are permitted.

Exceptions

Several exceptions to the rule are permitted. Deviations from the rule are permitted in cases such as mortgage repayments, real estate agent commissions, payments to the Homeowners' Association, appraisal costs, and, in the case of new-build properties, expired construction deadlines. Repayment of personal loans (e.g., Comfortcard or VISA) and bridging loans by the notary is also permitted, provided a mortgage lender has stipulated this as a condition for granting (new) financing.

Ratio

The notary may not transfer money to the seller in a different proportion than the ownership ratio. For example: A and B own 40 and 60 percent of a house, respectively. They request the notary to transfer half of the sale proceeds to each of them. The notary is not permitted to do so by law, unless A and B have agreed to this payment method in writing as part of a settlement at the end of a marriage or cohabitation. The notary may not, at the seller's request, transfer funds from the sale proceeds as a gift to, for example, the children.

We charge interest on funds entrusted to us in our office's trust account based on the guidelines and percentages customary in normal business transactions for the amount in question and applied by our banks. This means that the amount of the entrusted funds and the term determine the interest rate. We may charge management fees for managing funds.

Interest is calculated daily. Interest rates are updated monthly. Interest is paid as soon as possible after the funds are disbursed, with the exception of interest on amounts of €500,000 or more, which is paid only when we actually receive the interest from our bank (quarterly or annually).

For estates and inheritances, a base interest rate (with a surcharge) will be paid based on a scale of interest rates, depending on the term and balance. Interest calculation fees will apply for large transactions.

We do not pay interest on funds entrusted to us for five (5) days or less, regardless of the amount. Exceptionally, different arrangements can be made in advance in special cases. We do not pay interest on amounts less than €10,000 and entrusted to us for seven (7) days or less. We do not pay interest on amounts less than €2,500 and entrusted to us for thirty (30) days or less.

For deposit amounts, depending on the amount and the expected term, a deposit agreement will be drawn up, in which the agreements on interest compensation and management costs are recorded.

We are bound by the regulations laid down in the Civil-Law Notaries Act and the Code of Conduct and Professional Conduct. This means that our bank accounts must meet the specified requirements and that the funds must be accessible at any time. For this reason, interest rates may be lower than those typically paid on private savings accounts.

If at any time there is a negative interest rate, requiring us to pay compensation to the bank for the funds we hold, we will ask the person for whom we hold the money for an advance payment to be able to pay that compensation to the bank in advance and on time.

There will be no discussion or correspondence regarding the (amount of) interest payments.

Do you want to invest in real estate? Directly, indirectly, or in a hybrid way. Alone or with others. A single property or entire portfolios. Shops, offices, or homes. In a specific region. At a specific location. Or do you want to be a real estate entrepreneur? Developing independently or through a delegated approach. From initiative to design. From realization to operation. Densification. Sustainable. We know the ropes. We understand the market. We identify pitfalls. MAES Notarissen guides purchase and sale processes, lease and rental transactions, and project development. We perform due diligence , project management, conduct negotiations, structure the deal , and take care of the underlying legal documentation from signing to closing .

Developments | Construction companies

We support developers in area and project developments across all asset classes: offices, retail, residential, healthcare and social real estate, industrial, and more. For residential projects, we organize the delivery of the homes purchased by buyers under the purchase/construction agreement.

Dumping

Investors with large residential portfolios are constantly dealing with rental properties that become available for sale. For these investors, it's convenient if the transfer of ownership to buyers can be handled in a structured manner by a single notary who understands the investor's working methods and culture, is familiar with the local situation, and can easily welcome buyers to their office.

Real estate investment funds

We assist private and institutional investors initiating investment initiatives in commercial real estate (residential, retail, office, healthcare, and parking) in the Netherlands and abroad. We help draft the prospectus, develop the corporate structure, manage the acquisition and financing of the assets, and contribute to a smooth funding and closing process. We have contributed to transactions with a total investment volume of several billion euros.

We focus on three sectors: Financial Services, Horticulture | Agri, Horticulture & Food, and Construction & Real Estate.

The real estate market has gotten its hands dirty. Construction fraud, real estate fraud, and the many unsavory affairs within the housing association sector have not done the sector any good. The sector remains susceptible to fraud; it is a capital-intensive and opaque industry with free entry and exit of participants. But fortunately, the wheat is being separated from the chaff. Industry organizations such as NVB, AEDES, Bouwend Nederland, IVBN, VGM, NVM, Creme, ROZ, StiVAD, Corenet, NeVap, NVR, RICS, NRVT, Vereniging van Grondbedrijven (Association of Land Companies), FIDIC, NL-ingenieurs, Vastgoedcertificaat, UNETO-VNI, Dutch Green Building, ULI, Platform 31, Vogon, Breeam, NRW, Vastgoedbelang, EPRA, Redex, Vastgoedcert, and others support their members in safeguarding quality and integrity. So there are many reputable parties in the sector, with whom we enjoy working. And thankfully so.

We understand the real estate cycle like no other. From initiative and design phase to realization and operation. We know the players in the real estate market. We guide them all: investors, developers, end users, asset managers, construction companies, financiers, architects, engineers, real estate agents, and other advisors. We know the players and the actors. We can create a DCF or calculate a residual land value. We are familiar with tendering, the Environment Act, and zoning plans. We can draft contracts for all phases of the cycle. We have access to a database with more than 50,000 national and international titles on research results related to real estate markets. For what it's worth, we have previously received positive mentions in our personal capacity from Legal500, Chambers & Partners, Advocatie, and PropertyNL, and have published articles in the Financieel Dagblad on topics such as: leasehold, monuments and taxation, real estate auctions, structures for avoiding transfer tax, and the Nature Conservation Act.

Do you need advice, guidance, or support? Would you like access to our network or to be connected with relevant parties? Discuss it with us, and we'll see what we can do for each other.

Investors

We are keenly aware of those investing in real estate, either directly or indirectly, with the goal of generating a future stream of financial returns from the operation and sale of the property. We support institutional investors, fund providers, and private investors, regardless of the asset class or mix—offices, retail, residential, hotels & leisure, data centers, logistics, industrial —in which they invest. We also monitor their industry organizations, such as the IVBN and Vastgoedbelang.

Developers and builders

We have a sectoral focus on organizations that focus on inner-city and extra-urban restructuring, sustainable area development, and the development of social and healthcare real estate. We support them from initiative to completion. We are familiar with NEPROM, the NVB, and Bouwend Nederland (Dutch Construction Industry Association). Together with their members, we explore solutions to deal with the Nitrogen Programme Approach (PAS) case law.

Tenants

We focus on parties we can support in the areas of tenancy law for retail space, hotels, logistics, other commercial space, and residential space, as well as in general contract law and tenancy-related topics such as leasehold, easements, and temporary use.

Asset Managers

Property managers offer significant added value for clients, property owners, and investors. Their services are highly cost-effective. Good property management—administrative, technical, commercial, and legal—optimizes property management and increases the current value and return on leased properties. This results in satisfied users, lower turnover rates, and clear cost insights. We help asset managers achieve this and closely monitor the VGM, the advocacy group for property and homeowners' association (VvE) managers in the Netherlands.

Owners' Association (VvE)

It's important that you feel comfortable and at ease in your home and that you enjoy living there undisturbed. This also applies—and perhaps even more so—if you own an apartment. After all, you and the other owners are jointly responsible for the entire building: management, maintenance, livability, and safety. The better everything is arranged, the greater the enjoyment of living. Some apartment complexes have a dormant Owners' Association (VvE). Other complexes have an active VvE. Properly managing such a VvE requires knowledge of regulations and insight into processes you don't encounter every day. Within many VvEs, questions frequently arise, such as: "Can we make decisions if not everyone is present at the General Members' Meeting?" "Can I rent out my apartment through Airbnb?" "How do you manage shared expenses?" "Can we achieve collective purchasing benefits?" Apartment law is complicated and often raises questions and problems. We possess knowledge and experience in condominium law and closely monitor all developments to keep our knowledge up-to-date. We are committed to providing legal and notarial support to homeowners' associations (VvEs) and apartment owners, thus contributing to greater living comfort and a positive atmosphere within the VvE.

Real estate agents

We see the added value of a good real estate agent every day. They deliver added value based on their own expertise and mission. We also see differences. We support real estate agents where needed. Both residential and commercial ( retail/office/industrial ). Large and small. Whether they're buying or selling. Whether they're members of the trade associations NVM, VastgoedPRO, and VBO or not.

Financiers

Borrowing money costs money. We all know that. Even with historically low interest rates. Saving money costs money. Private individuals and professionals are looking for an attractive risk/return ratio. They prefer to invest in real estate rather than in a savings account at the bank. However, since the credit crisis, the financing sources and conditions for real estate financing have changed dramatically. In addition to regular bank financing , forward funding , co-financing, and the injection of additional equity are increasingly being used. The LTV (Long-Term Guarantee) now looks very different. We know how to combine the possibilities of traditional (bank) financing with the strength of our network of specialized real estate financiers and private investors. Even if banking doesn't (completely) work, we can often still help professional parties.

Real estate funds

Many investors strive for quality real estate, quality cash flow, maintaining high-quality financing, a good loan-to-value ratio, and continuous attention to the quality of their own organizations. Companies like Blackstone, Round Hill, and CBRE are hitting the Dutch housing market. They're buying in bulk, renovating, and selling. This is putting pressure on the market. Unlisted real estate fund providers have made a comeback, often seeking niche markets such as German supermarkets, parking, or student housing. Real estate comparison tools help private investors see the forest for the trees. Past performance is no guarantee of future results.

Retailers

The difficult retail market is caused by a decline in real disposable income over the past ten years due to higher fixed costs such as housing, healthcare, subscriptions, and smartphones. Their confidence has eroded. The uniform, large retail offering with little added value and many "sales" has diminished, squeezing profit margins. Furthermore, the aging population is rapidly increasing, and consumer spending patterns have changed. Alongside these developments, e-commerce is also forcing retailers to adopt new business models. V&D, Hudson Bay, Blokker, Intertoys, Cool Cat, Manfield, Witteveen, Scapino, Dixons, Miss Etam, Halfords, Polare, and Free Record Shop, to name a few, have all been affected. Marriages between real estate investors and retail tenants are collapsing. We see this happening in our region as well. We support parties in the termination of their leases and help them make a successful new start.

Corporations

Housing associations manage 2.4 million rental properties, housing 4 million people. These properties together represent approximately one-third of the Dutch housing stock. Housing associations are responsible for providing good and affordable housing for people who, for whatever reason, require some form of support. These are almost always households with modest incomes. This includes people receiving housing benefits and those on the lower middle incomes. Furthermore, housing associations pay special attention to people who are unable to find housing themselves due to social, medical, or psychological reasons, and to permit holders. Mutual solidarity is a vital asset in our democratic constitutional state. Housing associations are private, non-profit enterprises that work within legal frameworks to fulfill a social mission.

Society is changing, and therefore the housing association sector must continue to develop, renew, and innovate. Housing associations are doing just that. For example, they are accelerating the energy efficiency of their homes. Housing associations are ensuring that all their homes will be carbon neutral by 2050. This sustainability drive is also improving affordability for tenants. They are accelerating investments in solar panels, district heating (zero-energy), and home insulation.

The Housing Agenda was developed under the leadership of the Aedes trade association. This agenda serves as a starting point for consultations with various parties that can contribute to improving housing in the Netherlands. Municipalities, tenant organizations, healthcare providers, welfare institutions, tenant organizations, and other parties can then work with housing associations throughout the country in neighborhoods, districts, villages, and cities. MAES civil-law notaries is happy to support all these parties in the Rotterdam The Hague Metropolitan Region in implementing the Housing Agenda and, where appropriate, will be happy to participate in discussions to contribute to improving the quality of housing for tenants. Starting with the removal of the landlord levy.

A neighbor dispute often starts with something small: an annoyance about a loud party or a tree blocking the sunlight. If talking doesn't help and a conflict arises, we can help. Through mediation. As experts in neighbor law, we work with all parties involved to find a solution that's acceptable to everyone. The agreements can be immediately formalized in a settlement agreement. This normalizes your relationship with your neighbors and prevents further escalation of the conflict.

Mediation is a voluntary form of conflict resolution in which a neutral mediation expert, the mediator, guides communication and negotiations between parties to arrive at a mutually agreed-upon and optimal decision-making process based on their actual interests.

The mediator will help the parties negotiate not from a positional perspective but from a problem-solving perspective. No arm wrestling, but moving with the flow. Just like dancing the tango. The parties will not see each other as opponents, not as opponents, but as solvers of the shared problem and will stand side by side. They will not remain fixed in positions. They do not need to win against each other. They do not want to be victorious. They want a good outcome for both parties. They want to win together. They are not harsh on the person or necessarily on the substance, because they know how to distinguish between the relationship and the substance. They are clear about the content and considerate of each other. They do not mistrust but work on mutual trust. They do not need to keep their cards close to their chest. They do not limit themselves to their own interests, but rise above themselves by focusing on each other's interests.

Before the voluntary mediation actually begins, the impartial mediator first discusses the mediation agreement between the parties and the mediator. In this agreement, everyone agrees to commit to resolving the conflict together and confidentiality is agreed upon. The parties then discuss their current situation. They listen to and consider any concerns and feelings that might be preventing a successful outcome. Interests are identified and discussed. Then, together and with the mediator's guidance, the parties explore as many alternative solutions as possible. Ultimately, the best solution emerges. A sustainable negotiation result that all parties are comfortable with, so that the solution may well prove to be more significant than the dispute. This sustainable negotiation result is recorded in a settlement agreement.

Unlike a lawyer, for example, a civil-law notary-mediator is accustomed to acting impartially. This increases the likelihood of finding a solution that satisfies everyone. They are also trained in handling emotions and interests. Civil-law notaries specialize in personal and family law, including inheritance law, corporate law, and real estate law, including neighbor law. Therefore, they are ideally suited for divorce mediation , inheritance mediation , neighbor dispute mediation , family and succession mediation, and business (business-related) mediation. Furthermore, a civil-law notary can immediately record the agreements made in a notarial deed. Such a deed has the same legal force as a court judgment. This gives the parties an enforceable title and eliminates the need to go to court to enforce what they agreed upon in the settlement agreement.

Experience shows that most people reach a solution after a few mediation sessions with a notary. This prevents a court case that can drag on for years, with very high additional legal fees, emotional exhaustion, and a permanently damaged relationship. After a successful mediation, you can both focus on the future again.

Yes. For residential, commercial, hospitality, and office spaces.

We can provide legal, real estate, and investment support to all stakeholders in the construction and real estate sector in their core business . If the issue falls outside our expertise or requires litigation support, we are happy to collaborate with other parties, including a top-notch niche law firm with whom we have a long-standing and successful working relationship.