Property, Government & Notary services
Rights and obligations in the built environment
As an entrepreneur, institution, government authority or independent administrative body, you have many rights and obligations in relation to developing, building, buying, selling, owning, operating and using buildings. These rights and obligations are guaranteed or imposed by a maze of laws and rules. Would you like to know exactly what you may and must do as a private or public party? And would you like to objectively safeguard your interests? The answer is clear: trust De Clercq’s expertise.
Our property practice covers all areas of the law that you could encounter as a project developer, contractor, property owner, investor, housing corporation, government authority, semi-public agency or owner of a listed building. De Clercq can represent you in a range of legal matters, including:
- project development and construction: from negotiating and liability, to design faults and contract extras;
- property agreements, transactions and investments;
- spatial planning, zoning plans and provincial ordinances;
- laws and rules relating to space, housing, infrastructure, the environment, nature and water, from the Dutch Environmental Permitting (General Provisions) Act to the Environment and Planning Act;
- real estate rights such as leasehold and building and planting rights;
- tenancy law and tenancy disputes: from contracts and setting rents and service charges, to maintenance obligations, eviction and the Dutch Vacant Property Act;
- professional owners’ association management: rights and obligations of owners, administrators and managers;
- healthcare-related property: from the ‘cure’ and ‘care’ building regime to the division between housing and healthcare.
Monuments and listed buildings
Our specialist knowledge means that we can give you excellent advice on your rights and obligations as an owner or manager of a listed building. For more information, visit our website Listed Building+Law.
De Clercq’s administrative law practice focuses on decisions made by authorities, including Central Government, the provinces, municipalities and water boards, and independent administrative bodies, such as the Dutch central bank (DNB), the Dutch Healthcare Authority (NZa) and the Netherlands Authority for Consumers & Markets (ACM). These decisions may have a positive or adverse effect on your undertaking or the performance of your public duties. Do you doubt whether a decision complies with statutory requirements or the stated principles of good governance? Or does a decision harm your interests? De Clercq can advise and assist you in issues relating to:
- permits/licences, supervision and enforcement;
- laws and rules for specific sectors, such as healthcare, housing, the physical living environment, telecommunications and gambling;
- government action, loss resulting from government planning decisions and holding the government liable;
- the award, reduction or rejection of subsidies.
As an independent adviser, the civil-law notary looks after the interests of all parties involved in a transaction. This requires a broad legal vision, solid tax knowledge and the necessary practical experience. De Clercq’s notarial practice assists family and other businesses, municipalities, housing corporations, healthcare institutes and educational institutes in matters that include:
- attending to deeds of transfer, mortgage deeds, deeds of establishment (servitudes, rights of leasehold, building and planting rights) and deeds of division (apartment rights);
- advice on financing structures (hire purchase, financial lease and ground lease);
- issues relating to company law and corporate governance;
- incorporation of legal entities and amendments to their articles of association;
- reorganisations, mergers, divisions and amendments to articles of association;
- share transfers, including earn-out arrangements;
- authentications and legal opinions;
- recording agreements in notarial instruments.
The notarial practice also has its own website. Do you have questions relating to inheritances, gifts, wills, prenuptial agreements, cohabitation agreements or registered partnerships? Would you like to establish a PBO or cultural institution? For more information, visit www.declercqnotarissen.nl
Our Property, Government and Notarial Practice group knows the area of activity of project developers and contractors better than anyone else. And we understand that government decisions do not always coincide with market wishes or expectations.
We are very experienced in tenders and negotiations, in conducting legal due diligence, drafting contracts and terms and conditions, as well as in structuring or restructuring property portfolios. And because we employ top lawyers with solid expertise in both property law and administrative law, we are able to properly assess the interests of all parties.
In order to provide you – as a private or public party – with the best possible service, we would like to be involved in your plans at an early stage. In this way, we can identify and, if possible, remove any legal obstacles, objections and restrictions. We approach this in a decisive, solution-oriented and practical manner, with in-depth knowledge of your affairs. Your entrepreneurial risk is thus kept to a minimum, leaving you to focus fully on your project, business or investment.
A legal dispute can often be avoided by looking ahead, documenting arrangements properly and adapting processes in due time. Through negotiation or mediation, we prevent disputes from getting out of hand. And, if necessary, you can of course rest assured that we will vigorously defend your interests before an arbitration tribunal or the civil or administrative courts.