For entrepreneurs and owners who want to legally secure their leases, construction projects, and real estate transactions.
Real estate law governs everything related to buildings and land: renting and leasing, building, developing, and operating real estate — from a lease for your first business premises to a dispute concerning a construction project. Our lawyers and in-house counsel assist international corporations as well as the baker around the corner: practical, legally astute, and with the law fully in hand.
Real estate lawyers and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: leasing, construction, purchase, and operation of real estate.Practical specialist legal assistance for entrepreneurs.
Specialist real estate law advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Real Estate Law
Real estate law governs everything related to buildings and land: renting and leasing, building, developing, and operating real estate — from a lease for your first business premises to a dispute concerning a construction project. Our lawyers and in-house counsel assist international corporations as well as the baker around the corner: practical, legally astute, and with the law fully in hand.
Assistance with the purchase and sale of real estate
From the purchase agreement and title research to the transfer at the notary: our lawyers and in-house counsel guide the purchase and sale of real estate. From the baker on the corner to the international corporation.
A dispute regarding additional work, completion, or hidden defects? Our mixed teams of lawyers and in-house counsel assist the entire construction industry, from international corporations to the baker on the corner.
A conflict with the neighbors regarding the property line, a tree, a dividing wall, or nuisance? Our lawyers and in-house counsel resolve neighborhood law issues for entrepreneurs and private individuals, from international corporations to the baker on the corner.
From establishing a right of way to a dispute over a pipeline right: MKB Juristen provides clear advice on easements, for both international corporations and the entrepreneur around the corner.
From retail and hospitality space to office and residential properties: tenancy law is full of mandatory rules. Our lawyers and in-house counsel advise on and litigate lease agreements, termination, rent, and tenancy disputes for clients ranging from an international corporation to the baker on the corner.
The purchase and construction agreement combines the purchase of the land with the construction of your home in a single contract. We review the standard contract, monitor the 5% rule, and assist you should a dispute arise. For both the private buyer and the developer.
A legally sound and understandable purchase, lease, or construction agreement prevents costly disputes. MKB Juristen drafts your custom real estate agreement, reviews drafts, and negotiates on your behalf — for the international corporation as well as the baker on the corner.
Real estate law is the legal field that governs everything related to buildings and land: renting and leasing, construction, development, and the operation of real estate. It touches upon tenancy law, construction law, contract law, and liability law. When properly regulated, it prevents costly conflicts regarding tenancy, defects, or handovers; if things go wrong, it offers avenues to resolve the situation.
Our lawyers and in-house counsel assist international corporations as well as the baker around the corner — from drafting a lease for a first business premises to a stalled dispute regarding a construction project. Where competitors remain general, we specify exactly which article of law determines your position.
Lease of business premises: Articles 7:290 and 7:230a of the Dutch Civil Code
For the lease of commercial premises, the law provides for two regimes with very different levels of protection. Shops, hospitality establishments, takeaway businesses, and craft businesses with premises accessible to the public fall under the so-called 'small business premises' of Article 7:290 of the Dutch Civil Code. The tenant enjoys strong protection there: in principle a term of five years, extended to ten years (Article 7:292 of the Dutch Civil Code), and rent revision based on comparable commercial premises in the area (Article 7:303 of the Dutch Civil Code).
Offices, storage facilities, practice rooms, and other business premises fall under Article 7:230a of the Dutch Civil Code. In these cases, the tenant is much less protected: there is no statutory minimum term, but there is eviction protection of up to one year after the end of the lease. When drafting or reviewing a lease agreement for business premises or retail space, we first determine which regime applies — that difference often decides the whole case.
Purchase and delivery of real estate
In the purchase of commercial property or land, ownership is only transferred upon registration of a notarial deed of transfer in the public registers (Article 3:89 of the Dutch Civil Code). The purchase agreement itself is therefore distinct from the transfer. Furthermore, for the purchase of a home by a consumer, a written requirement and a three-day statutory cooling-off period apply (Article 7:2 of the Dutch Civil Code); for commercial real estate, these requirements do not apply, and what the parties agree upon is what matters most.
The purchased item must conform to the agreement (conformity, Article 7:17 of the Dutch Civil Code). Whether a defect is at the expense of the buyer or the seller depends on the seller's duty to disclose and the buyer's duty to investigate. We carefully assess this relationship and draw your attention to the consequences of an "as is" or "age" clause.
Construction law and contracts for work
If you are building or renovating, contracts for work are regulated in Article 7:750 of the Dutch Civil Code and subsequent articles. The moment of completion is crucial: upon acceptance of the work, the contract is transferred and, in principle, the contractor's liability for visible defects ends (Article 7:758 of the Dutch Civil Code). However, the contractor remains liable for defects that were hidden at the time of completion (Article 7:759 of the Dutch Civil Code). In addition, the UAV 2012 or the UAV-GC 2005 often play a role.
A well-drafted construction contract specifies additional and reduced work, the schedule, payment terms, and completion, thereby preventing the most common construction disputes. We draft these, review your existing contract, or assist you in a dispute regarding defects, delays, or payment.
Property rights: easement, leasehold, building rights and apartment ownership rights
Real estate is often subject to limited rights that govern your use. An easement (Article 5:70 of the Dutch Civil Code), such as a right of way, may permanently encumber your property. Leasehold (Article 5:85 of the Dutch Civil Code) and building rights (Article 5:101 of the Dutch Civil Code) divide the enjoyment or ownership of the land. If you purchase in a divided building, you are purchasing an apartment right (Article 5:106 of the Dutch Civil Code) and are bound by the Owners' Association (VvE) and the division regulations.
For purely ownership, purchase, and delivery questions regarding immovable property and the property rights thereon, we refer to our related pages on real estate and property law. On this page, the emphasis is on leasing, construction, and the operation of real estate.
Real estate law for SMEs and corporations
The top end of the market often focuses on housing associations, property developers, and investors. Not us: our mixed team of lawyers and in-house counsel assists both international corporations and the baker around the corner. Approachable and practical, yet legally sharp — and with the law fully in hand, so you know exactly which article determines your position.
Rental disputes and defects in the rented property
During a tenancy, disputes frequently arise regarding maintenance, defects, and rent. The landlord must remedy defects that limit the enjoyment of the property (Article 7:206 of the Dutch Civil Code), and the tenant may claim a rent reduction in the event of a defect (Article 7:207 of the Dutch Civil Code). We assist both landlords and tenants—in cases of defects, rent arrears, termination, or eviction—and choose with you between negotiation, a settlement, or going to court.
What we help with
From drafting a lease or construction contract to resolving a stalled construction or tenancy dispute — our lawyers and legal experts support you in every area of real estate law.
Drafting and reviewing lease agreements for business, retail, and office space
Determining which regime applies: Article 7:290 or Article 7:230a of the Dutch Civil Code
Purchase, sale and delivery of commercial properties and land
Construction contracts and advice on completion (Article 7:758 of the Dutch Civil Code)
Construction disputes regarding defects, delays, and payment (UAV 2012)
Rental disputes, rent review and eviction
Easement, leasehold, building rights and apartment ownership rights (Book 5 of the Dutch Civil Code)
Hidden defects, conformity and liability (Article 7:17 of the Dutch Civil Code)
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are entering into a lease agreement for a business, retail, or office property
In real estate law, your starting position determines the outcome. Before we send a letter or initiate proceedings, we map out the tenancy regime, the agreement, and the facts — whether Section 7:290 or 7:230a of the Dutch Civil Code applies, when the handover took place, and what is stated in the UAV. In this way, we choose the route — negotiation, a settlement, or the courts — that best serves your interests, rather than taking the first step that comes to mind.
Our approach
From question to solution in four steps.
1
Intake
We discuss the property, the agreement, and your purpose, and review the contract and documents.
2
Analysis
We assess your position against the law — regarding the tenancy regime, terms, and liability — and map out the opportunities and risks.
3
Strategy
We choose the route — advice, negotiation, settlement, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We carry out: from drafting a lease or construction contract to litigating in court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Real Estate Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team of in-house counsel and lawyers are specialists in real estate law. We advise property developers, real estate investors, and real estate agents alike. We also assist a variety of organizations in disputes within the real estate sector. We have extensive experience at the negotiating table, are decisive, and can accurately assess opportunities and risks. Furthermore, we have extensive experience in conducting various litigation proceedings.
Frequently asked questions about real estate law
The questions entrepreneurs ask us most often.
Does my business premises fall under Section 7:290 or 7:230a of the Dutch Civil Code?
Shops, hospitality establishments, and other premises with a floor accessible to the public fall under Article 7:290 of the Dutch Civil Code, with strong tenancy protection (in principle 5+5 years). Offices, storage facilities, and practice spaces fall under Article 7:230a of the Dutch Civil Code, with eviction protection only for a maximum of one year. Which regime applies often determines the entire case; we assess this for you.
When does ownership of a property transfer?
Not upon the signing of the purchase agreement, but only through registration of the notarial deed of transfer in the public registers (Article 3:89 of the Dutch Civil Code). The purchase and the transfer are therefore two separate steps. Until the transfer, the seller remains the owner.
Who is liable for defects after the completion of a construction project?
Upon acceptance of the work, the contractor's liability for visible defects transfers and, in principle, ends (Article 7:758 of the Dutch Civil Code). The contractor remains liable for defects that were hidden at the time of delivery (Article 7:759 of the Dutch Civil Code). What the parties agreed upon in the construction contract and the UAV (Uniform Administrative Conditions) is taken into account in this regard.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting lease or construction contracts, and negotiations, an in-house counsel is often sufficient. For court proceedings, a lawyer is mandatory in many cases. We have both in-house and determine together with you what suits best.
Can I request a rent reduction due to a defect in the property?
Yes, if there is a defect that restricts the enjoyment of the leased property. The landlord must remedy the defect (Article 7:206 of the Dutch Civil Code) and the tenant can claim a rent reduction (Article 7:207 of the Dutch Civil Code). We assess whether there is a defect in a legal sense and what you can claim.
Is real estate law also for small business owners?
Yes. We help both international corporations and the baker around the corner. Especially with a first commercial property or construction project, a good contract and a thorough assessment of your position prevent major problems later on.
Discuss your situation with a real estate law specialist.Our real estate lawyers and legal experts help both large companies and small business owners move forward. Schedule a meeting and know where you stand within a single session.
