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 LawDutch Real Estate Law
INTERVIEW: 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 negotiationsProposed 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!Improving Liquidity Through Real Estate Sale and Leaseback Transactions
In sale and leaseback transactions, companies sell their real estate to an investor and enter into a long-term lease with the new owner. …
Continue Reading Improving Liquidity Through Real Estate Sale and Leaseback Transactions
RE-STRUC: Tax Changes as of 2023
As of 1 January 2023, a set of tax changes will be implemented that may affect one’s Dutch tax position. In addition, changes starting in 2024 have also been announced.
Continue Reading RE-STRUC: Tax Changes as of 2023The ‘top-up’ (bank) guarantee in a Dutch Scheme – for as long as it lasts…
The Dutch Scheme allows tenants to restructure their debt, including outstanding rent, outside of formal insolvency proceedings under a court-approved restructuring plan. A tenant may also propose amendments to, inter…
Continue Reading The ‘top-up’ (bank) guarantee in a Dutch Scheme – for as long as it lasts…Alternative Dispute Resolution (ADR): Considerations for Real Estate Businesses in an Unpredictable Market
Unpredictable market conditions require innovative solutions to tackle business challenges. Although the real estate industry is fast-paced and global, it is a small world all the same. Due to the…
Continue Reading Alternative Dispute Resolution (ADR): Considerations for Real Estate Businesses in an Unpredictable Market