Netherlands: Real Estate and Construction

As infrastructure capacity becomes a limiting factor for development, spatial planning is shifting from asking what we want to build to what our physical systems can actually support. Energy grids, water availability, and soil quality now determine whether projects are feasible, fundamentally changing how we approach sustainable development in the built environment.

Dutch landlords face significant financial liability when terminating rental agreements based on urgent personal use if they fail to actually occupy the property. This article examines the legal framework governing such terminations, the three cumulative conditions courts apply, and recent case law demonstrating how damages can reach tens of thousands of euros when landlords don't follow through on their stated intentions.

This article examines the most common real estate legal issues discovered during due diligence in Dutch M&A transactions, including the absence of written lease agreements, unauthorised subletting arrangements, and change of control provisions in lease contracts. It provides practical guidance on how these findings impact transaction certainty, valuation, and the rights of parties involved in mergers and acquisitions.