One of the pillars of the Dutch Environmental and Planning Act (Omgevingswet), which went into effect 1 January 2024, is “participation.” The new law governs the physical environment in
Continue Reading New Environment and Planning Act (Omgevingswet)’s ‘Participation Requirement’ Does Not Imply Consensus, Confirms Recent Case Lawreal estate
Dutch Real Estate: Beware of Potential Leasehold Terminations as a Result of Offences
Recent case law emphasizes that non-compliance (criminal activities including potentially economic offences) on a leasehold (erfpacht) plot can constitute a violation of the obligations under the Dutch leasehold…
Continue Reading Dutch Real Estate: Beware of Potential Leasehold Terminations as a Result of OffencesINTERVIEW: Innovative concepts are a gamechanger in commercial transaction negotiations
The tidal wave of loan maturities expected in 2024 will put pressure on lenders and borrowers, which will spill over to the transactional sphere, putting pressure on buyers and sellers…
Continue Reading INTERVIEW: Innovative concepts are a gamechanger in commercial transaction negotiationsChallenges in the Dutch Data Center Market
The Netherlands, widely acclaimed for its tulips, windmills, and cheese, is also an important player in a different realm: the data center market. Due to its strategic geographical position, its…
Continue Reading Challenges in the Dutch Data Center MarketAIFMD II: New Regulation of Debt Funds and Other Key Changes
In November 2023, after several years of negotiation, the Council of the European Union published the detailed compromise text for the Alternative Investment Fund Managers Directive (AIFMD) II.
While the…
Continue Reading AIFMD II: New Regulation of Debt Funds and Other Key ChangesEU Green Bonds: One Step Closer to a New Standard for Sustainable Bonds
“Green bonds”[1] have seen a steady increase in recent years, with over $500 billion in green bonds issued in 2022. However, there is some debate over whether all of…
Continue Reading EU Green Bonds: One Step Closer to a New Standard for Sustainable BondsProposed revision of Dutch RETT scheme share deal for real estate acquisitions
The Dutch legislator is considering changing the Dutch RETT (real estate transfer tax) scheme regarding acquisitions of Dutch real estate via share deals. If this change is indeed implemented, then…
Continue Reading Proposed revision of Dutch RETT scheme share deal for real estate acquisitionsNew and Greener ROZ Template
The Dutch Real Estate Council of the Netherlands (ROZ) adopted a new template lease agreement for retail space leasing at the end of 2022, updating the 2012 version. Several aspects…
Continue Reading New and Greener ROZ TemplateFIDIC Golden Principles Under Dutch Law in 2023
FIDIC contracts are widely used in the international Real Estate Projects industry. Much like their national Dutch counterpart, the UAV/UAV-GC contracts, FIDIC contracts consist of General Conditions and Special Conditions…
Continue Reading FIDIC Golden Principles Under Dutch Law in 2023Provisional Closing Scheme: Beating the Dutch RETT Increase!
Per 1 January 2023, the Dutch RETT (real estate transfer tax) will increase from 8% to 10.4%. Transactions that close after 31 December 2022 will therefore be subject to a 2.4%…
Continue Reading Provisional Closing Scheme: Beating the Dutch RETT Increase!