Division of building land and parcels

Division of building land and parcels

Upon the sale or purchase of a piece of building land or a part of a parcel, the parcel must be subdivided. A parcel must also be subdivided when a piece of land requires a new cadastral designation. The owner must always submit a request for subdivision to the Land Registry. After the subdivision of the parcel, a deed of transfer for the subdivision must be drawn up by the notary. The subdivision of a parcel creates new parcels with new cadastral boundaries and parcel numbers. The zoning designation applicable to a piece of land remains the same upon the subdivision of a parcel.

Questions regarding the division of building land and plots? Please contact us.

Part of our expertise Real Estate

The division of building land and parcels is a standard part of our Real Estate. At first glance, a division appears to be a mere administrative act at the Land Registry, but at its core, it touches upon ownership, spatial planning, and contractual agreements between parties. At MKB Juristen, lawyers and in-house counsel work together in mixed teams. As a result, we advise both an international real estate group subdividing a large-scale development project and the baker on the corner who wants to separate and sell a piece of his parcel. The level of legal diligence is the same for both, while the approach and rates are commensurate with the scale of the case.

What does splitting a plot of land entail legally?

A cadastral parcel is the smallest unit of land with its own cadastral designation, area, and boundary. In the event of a division, one parcel is divided into two or more new parcels, each with its own parcel number and boundary. Legal ownership does not change as a result of the division itself: the Land Registry registers only the actual boundaries. Ownership only passes when a separated part is delivered. This transfer takes place through the registration of a notarial deed of transfer in the public registers, pursuant to Article 3:89 of the Dutch Civil Code (BW). We ensure that the purchase agreement, the deed of transfer, and the cadastral division align seamlessly, so that there is no ambiguity regarding exactly what is being transferred.

The division procedure at the Land Registry step by step

The actual division takes place via the Land Registry and broadly involves the following steps:

• Submit application. The owner or an authorized representative submits a request for division to the Land Registry online.
• Appointment with the surveyor. A surveyor will contact you to schedule the measurement; you may be represented during this process.
• Mark the boundary. The new boundary must be visible in the terrain, for example with posts, a fence, or a ditch.
• Indicating the boundary. During the survey, you indicate to the surveyor where the new boundary runs; the survey usually takes a short time.
• Check confirmation. You will receive a notification with the new parcel number and area. An objection to an incorrect measurement may be lodged within the statutory period.

The Land Registry aims to process the division within approximately twenty working days; in complex situations, this may take longer. Land Registry fees are associated with the division, in addition to the notary fees for any potential transfer. We advise on the correct sequence to ensure you avoid unnecessary double costs.

Zoning plan, environmental plan and the permit

A common misconception is that cadastral division of a parcel automatically means that construction is permitted on the separated part. This is not the case. The possibilities for use and construction are determined by the municipality's spatial framework. Since the entry into force of the Environment and Planning Act on January 1, 2024, the zoning plan has been incorporated into the environmental plan. This plan determines, among other things, how many dwellings are permitted per building plot and what functions the land may have. If you wish to build or change the use after division, an environmental permit is often required, possibly a permit for an off-plan environmental plan activity if the intended use deviates from the environmental plan. The municipality has discretion in this regard and may refuse an application. Our lawyers and legal experts assess in advance whether your plans are feasible from a planning perspective and assist you in the permit procedure and, if necessary, in objections and appeals.

Easements, qualitative obligations and restrictive covenants

When a parcel is subdivided, new neighborly relationships almost always arise that must be regulated contractually. Examples include a right of way to access a rear parcel, or agreements regarding a shared driveway, sewerage, or pipelines. This is often recorded as an easement, regulated in Articles 5:70 et seq. of the Dutch Civil Code, established by notarial deed. Agreements intended to bind the future owner, such as an obligation to tolerate or refrain from doing something, can be registered as a qualitative obligation pursuant to Article 6:252 of the Dutch Civil Code, or passed on as a chain clause with a penalty clause. We draft these agreements carefully to ensure that the subdivision does not lead to conflicts between the owners of the new parcels, even in the long term.

Pre-emption rights and other restrictions to watch out for

Not all land is freely divisible or transferable. A municipality can establish a preferential position based on the pre-emption right regulations, requiring an owner to offer the land to the municipality first before selling it to a third party. Private law restrictions may also apply to the parcel, such as an existing right of leasehold, building right, mortgage, or a previously established easement. In the case of a mortgage, permission or partial release from the bank is often required to transfer a subdivided portion free of mortgage. We investigate in advance which public and private law restrictions apply, so that you are not faced with surprises halfway through the process.

Risks and disputes upon division

A carelessly executed division can lead to lengthy disputes. Common problems include unclear or disputed boundaries, a subdivided parcel lacking its own access to the public road, missing easements, or a buyer discovering that construction is not permitted on the purchased portion. If the boundary deviates from what the parties intended, a claim based on error or non-conformity may arise pursuant to Articles 6:228 and 7:17 of the Dutch Civil Code. If you are unable to reach an agreement with the other party, our lawyers will assist you in negotiations and, if necessary, in court proceedings. In the event of conflicts regarding structural execution, we collaborate drawing on our expertise in construction law matters.

Our approach: from advice to delivery

We guide you through the entire process of splitting building land and parcels. This begins with a feasibility study: can the parcel be subdivided cadastrally, what does the zoning plan permit, and what restrictions apply to the land? Subsequently, we draft or review the purchase agreement, arrange the necessary easements and qualitative obligations, and coordinate with the notary regarding the deed of transfer. If you require the subdivision in the context of a purchase or sale, this aligns seamlessly with our services regarding guidance during the purchase and sale of real estate.

Frequently asked questions about the division of building land and parcels

Am I always allowed to build on a subdivided plot?
No. A cadastral division says nothing about the building possibilities. Whether you are allowed to build depends on the spatial plan and any necessary environmental permits. Have this legally reviewed in advance.

Do I need a notary to subdivide a parcel?
Not always for the cadastral division itself, but as soon as a subdivided part is transferred or easements are established, a notarial deed is mandatory. We coordinate the legal documents with the notary.

How long does splitting a parcel take?
The Land Registry usually processes a split within approximately twenty working days. Please note that any permit procedure and the transfer may take more time.

What does it cost to split a plot of land?
The costs consist of Land Registry fees for surveying and registration and, upon transfer, notary and advisory fees. The exact costs depend on the situation; we provide insight into the expected cost breakdown in advance.

Do you have questions about dividing building land and plots, or would you like legal guidance for a division? Please contact us for a no-obligation initial consultation.