Doing Business in the Netherlands 2012 - American Chamber of ...

9 Real Estate
9.1 Ownership
Doing Business in the Netherlands 2012
The transfer of title of real estate requires a prior agreement such as a
sale and purchase agreement and execution of a notarial deed of
transfer, which must be entered in the land register. The same applies
to the establishment and transfer of in rem rights in general, including
mortgages.
The owner can use the property at his or her own discretion, since
ownership is the most complete right to a property. The only
exception is if there are restrictions attached to ownership based on
statutory provisions or (unwritten) law.
9.2 Land Register
Real estate is registered in the land register, which is publicly
accessible. The information recorded includes ownership, mortgages,
easements and other in rem rights, as well as any court orders relating
to real estate and administrative enforcement decisions. Also, some
other administrative restrictions in the use of real estate are registered
(such as designations as a protected building). Leases that do not
grant in rem rights are not recorded in the land registers.
Purchase and sale agreements can be made without specific
formalities if these concern commercial properties. Purchase and sale
agreements for commercial properties can be made orally. Since
September 2003, a new law has governed purchase and sale contracts
for homes when the buyer is a private individual. Purchase and sale
contracts must, in such cases, be in writing. The buyer (who is a
private individual) has the option of dissolving the purchase and sale
contract within three working days without specifying a reason by
informing the seller thereof.
The amendment of the law in September 2003 has also made it
possible for the buyer (of any immovable property) to register the
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