18 June 2025
Transfer of Risk in the Sale or Purchase of a Property
The sale or purchase of a property is a complex process involving legal elements.
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There’s very little to be found about buildings and construction in Dutch law, and so several sets of general conditions have been developed in construction practice.
These include the UAV 2012, the UAV-gc 2005, the DNR 2011 and RVIO 2001. These general conditions apply to common legal relationships and types of contracts in the construction industry. GMW lawyers can draw up these contracts on your behalf or check them for pitfalls. The same applies for the general conditions.
Disagreement or a dispute with a business party can arise despite the fact that a contract and general conditions have been drawn up. In that case you can also turn to GMW lawyers for help. We can point out the mutual rights and obligations of the parties and we’re aware of the limitations of liability and the possible legal consequences of the actions of the other contractual party. In addition, we can reveal the rights and risks involved and support you with adopting a strong legal position.
If you encounter building defects or problems upon completion, or if your (sub)contractor fails to meet his agreements, or you are actually trying to preempt a building-related dispute at an early stage, feel free to contact GMW lawyers.
Many parties can be involved in the purchase of a new dwelling or in the conversion of your existing home. They often have a great deal of specialist knowledge. For example, if you are buying a new home, you will have to deal with an estate agent, a project developer or a contractor. If you are converting your own home, (sub)contractors, builders, engineers and possibly a building manager will play a role, depending on the size of the project.
Defects, building errors, breaches of contract and guarantees can lead to problems at every stage of the building process. GMW lawyers can give advice and mediate in order to find solutions together with the other parties. If discussions do not lead to any results, you can rely on our extensive experience of court proceedings. Arbitration is the most common course of action, usually with the Foundation for Consumer Complaints Boards or the Court of Arbitration for the Building Industry in the Netherlands. But our lawyers also often institute proceedings before courts and courts of law.
GMW lawyers will be happy to help you with all your real estate issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our real estate law lawyers will be glad to support and advise you.
GMW advocaten will be happy to help you. Do you have a question or want legal advice? Feel free to contact us.
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18 June 2025
Transfer of Risk in the Sale or Purchase of a Property
The sale or purchase of a property is a complex process involving legal elements.
Read more
21 May 2025
Fair sale of land by local authorities: Didam II clarifies the rules
In November 2024, the Dutch Supreme Court (Hoge Raad) provided further clarity on the sale of scarce land by public authorities. What does this mean for municipalities and market parties?
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23 April 2025
Neighbour, what are you doing?
A property owner or occupier may, in certain circumstances, be required to temporarily allow another person to use their home or land if this is necessary for work to be carried out on the other party’s property.
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16 April 2025
Termination of Tenancy Agreements
The termination of a contract is an important legal tool for ending an agreement. In this article, we take a closer look at the termination of tenancy agreements, as special statutory rules apply to rental contracts.
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10 February 2025
The role of housing associations in expanding the mid-market rental segment
Addressing the housing shortage in the Netherlands is a priority. To this end, the National Performance Agreements stipulate that housing associations must construct 50,000 mid-market rental homes by 2030.
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20 November 2024
Acquisitive Prescription and Property Boundaries
We regularly handle disputes concerning the acquisition of land through prescription.
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28 October 2024
The written requirement when buying a property
When a residential property is sold, this can be done verbally or in writing. If the parties agree on the so-called 'essentials' of the purchase, such as the price and the object, then they are in principle bound to the purchase. However, for a private buyer, there is a written requirement that stipulates that the buyer is only bound to the purchase when it is documented in writing.
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4 September 2024
What is the value of common property in a Homeowners Association?
It's not an uncommon situation: a member of the Homeowners Association (HOA) expands their garden or rooftop terrace beyond the boundaries of their private section and later asks the HOA to legalize this change.
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12 August 2024
Commonality of a shared wall
Commonality is often a point of discussion between neighbors: is the fence between two gardens common property? If so, can one neighbor then carry out maintenance or even completely replace the fence (partly) at the expense of the other neighbor?
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