News

From March 12 to 15, 2024, many real estate professionals will travel to the fashionable Cannes in the South of France by scheduled flights, charter flights, or their own jets for the annual real estate fair MIPIM.

House division is increasingly being cited as a smart and relatively quick way to address the housing shortage. The Ministry of Housing sees significant opportunities for better utilizing the existing housing stock and states that private individuals can make a substantial contribution by dividing larger homes into multiple independent living units. This potentially creates hundreds of thousands of additional homes, often in existing neighborhoods where amenities are already available. However, in practice, house division proves to be less straightforward than it appears on paper. Anyone who delves into the legal and tax implications quickly discovers that this promising solution also harbors serious pitfalls.

After a period of uncertainty, waiting, and recalibration, 2026 is increasingly shaping up as a positive, yet cautious year for real estate investments and market uptake. The real estate market is demonstrating its adaptation to a new economic equilibrium. There is a growing need for structurally higher interest rates, persistent inflation, and geopolitical tensions. These factors have not disappeared, but are increasingly being factored into prices, return requirements, and investment decisions. Expectations for 2026 are therefore predominantly positive, with a clear emphasis on quality, realism, and feasibility.

The Dutch notarial profession is under significant pressure. The number of notarial deeds executed is reaching record highs, while the total number of notaries has been declining for years. Between 2016 and 2026, the number of notaries fell from 1,283 to around 1,181, while more than two million deeds were executed last year – a historic record. Some notaries even told the NOS news that they won't be able to schedule an appointment with a client for another five months. This combination of increased workload and fewer staff is resulting in longer waiting times, overburdening existing staff, and jeopardizing the quality of service.

The embrace of Generative Artificial Intelligence (GenAI) seems to be a godsend, especially for the notary profession. At the same time, the notary profession is one of the most values-driven legal professions, with statutory tasks that cannot be automated. Executing authentic deeds requires the intervention of a public official. The notary must personally determine whether the parties are forming their intentions freely and consciously, carefully weigh the interests involved, and assess whether a legal act is not contrary to law, public order, or morality. Furthermore, the gatekeeper role under the Wwft remains a personal responsibility, as do professional ethics and disciplinary liability. Automation can support preparation and administration, but cannot legally replace these core responsibilities. Nevertheless, AI will significantly change the notary profession in the coming years in the following five areas.

The notary profession is in danger of becoming stuck. Our notary, Geert Janssen, writes in this opinion piece published on Advocatie about some possible strategic solutions.

Notary offices in the Netherlands are under increasing pressure. The number of notarial deeds executed is reaching record highs, while the total number of notaries has been declining for years. Between 2016 and 2026, the number of notaries fell from 1,283 to around 1,181, while more than two million deeds were executed last year—a historic record. Some notaries told the NOS news that they won't be able to schedule an appointment with a client for another five months. This combination of more work and fewer people is resulting in longer waiting times, staff overload, and risks to the quality of service. At the same time, the complexity of deeds and the requirements of legislation and regulations, such as the reporting of unusual transactions based on anti-money laundering regulations, are increasing. To prevent the notarial profession from becoming gridlocked and access to legal certainty from being compromised, fundamental policy changes are necessary and possible.

The NOS 8 o'clock news on January 11th featured a segment about the busyness of the notary profession. It stated that notaries have had a busy year and that with many, your appointment won't be for another five months. With us, however, you'll be seen immediately.