Construction law

Construction law

Multiple parties are involved in a construction process. Examples include the contractor, the designer, the client, and the government. All legal relationships within a construction project must be properly organized, using tailor-made contracts. Industry-specific general terms and conditions often apply in this regard (DNR 2011, UAV 2012, UAV-GC 2005). Our practice group of experienced lawyers and legal experts advises and litigates on construction law.

Do you have questions regarding construction law? Please contact us.

Construction law and administrative law: the public law side of construction

In addition to a civil (contractual) aspect, construction law also has a strong administrative law component. Anyone wishing to build, renovate, or develop will have to deal with the government: permits, the environmental plan, supervision, and enforcement. This page falls under our main expertise in Administrative Law and focuses specifically on this public law aspect. Our mixed teams of lawyers and in-house counsel assist both the international corporation developing a large construction project and the baker on the corner who wants to renovate his premises.

The environmental permit and the Environment and Planning Act

The Environment and Planning Act (Omgevingswet) entered into force on January 1, 2024. This act consolidates dozens of old laws (including the Environmental Law (General Provisions) Act, the Spatial Planning Act, and the Housing Act) into a single system. An environmental permit is often required for construction, which can now consist of two components: the technical construction activity (the technical building assessment) and the environmental plan activity (the assessment against the environmental plan). The old zoning plan has been incorporated into the municipal environmental plan. We assess whether your construction plan requires a permit or is permit-exempt, handle the application, and take action when a permit is wrongly refused or, conversely, is challenged by a third party.

Objection, appeal and preliminary relief

Legal remedies are available against a decision by the municipality regarding a permit application. Pursuant to the General Administrative Law Act (Article 6:7 Awb), the time limit for objection and appeal is six weeks. As an interested party, you may object to a permit granted to another party or lodge an appeal with the administrative court. Because a construction project does not stand still, we apply where necessary for a preliminary injunction from the preliminary relief judge (Article 8:81 Awb) to suspend a permit or, conversely, to safeguard construction. We assist permit holders as well as local residents and competitors.

Supervision and enforcement: penalty payment order and administrative coercion

If someone builds without or in deviation from a permit, the municipality can take enforcement action. The powers for this are laid down in the General Administrative Law Act (Awb): the order under administrative coercion (Article 5:21 Awb) and the order under penalty payment (Article 5:31d Awb). An interested party may also submit an enforcement request, to which the administrative body must in principle respond. We advise entrepreneurs who are confronted with an enforcement decision on the possibilities of challenging it or achieving a situation of tolerance, and assist clients who specifically want the government to take action against illegal construction in their vicinity.

Quality Assurance in Construction Act (Wkb)

The Quality Assurance in Construction Act (Wkb) was introduced in phases simultaneously with the Environment and Planning Act. For certain categories of construction works, the municipal technical building review is being replaced by a review by an independent quality assurer. In addition, the contractor's civil liability has been tightened: pursuant to Article 7:758, paragraph 4 of the Dutch Civil Code, the contractor remains liable for defects attributable to him even after completion, unless these defects are not attributable to him. We advise contractors, clients, and quality assurers on the implications of the Wkb for the construction process and the apportionment of liability.

Construction disputes: from the Arbitration Board to the administrative court

If things go wrong in a construction project, a dispute can be of both a civil and an administrative nature. Civil disputes regarding execution, additional or reduced work, or completion are often submitted to the Council of Arbitration in Construction Disputes pursuant to the UAV 2012 and the UAV-GC 2005, which possesses the necessary technical expertise in construction. Disputes with the government regarding permits or enforcement, on the other hand, are heard by the administrative court. We litigate on both tracks, keeping the ultimate goal of your project in mind.

Our approach for corporations and SMEs

At MKB Juristen, lawyers and in-house counsel work together as a single team. This means decisive advice at a transparent rate, whether you are a real estate developer with a large-scale inner-city project or an entrepreneur looking to open your doors on time after a renovation. We combine the civil and administrative aspects of construction law, ensuring you are not passed from pillar to post.