040 21 20 400 info@vastgoed-advocaten.nl

Lawyers specialised in construction and real estate matters.

We are active in various fields, such as business, (semi-) government and (institutional) investors, and are proud to count renowned parties in real estate among our clientele. We advise and litigate for our clients based on our broad expertise of the construction and real estate industries. A strong combination! Our core values are focus and teamwork and our goal is to achieve the best and most sustainable result for our clients.

HIGHLIGHTED AT LEASING – SALES

Notification obligation for professional lessor

On November 27, 2015, the Dutch Supreme Court issued an interesting judgment on the notification obligation in the context of the appeal by a tenant for error (HR November 27, 2015, ECLI:NL:HR:2015:3424 (Inbev / Defendant)). Read more

Procurement

Procuring institutions and (potential) tenderers frequently encounter procurement regulations. These regulations are subject to continuous change, often causing confusion on both sides and confronting these parties with (practical) questions.

Both tendering out a commission and bidding for tenders requires highly specialised knowledge about procurement law. We possess this knowledge, which is available at all times for our clients. After all, speed is of the essence for procurement matters, which frequently involve major financial interests.

Advising and guiding tendered services and (potential) tenderers for procurement procedures is part of our day-to-day business. We have acquired years of experience in various industries, such as real estate, civil engineering, IT, transport, waste processing and utility companies.

Are you a (potential) tenderer? Feel free to take a look at our product ‘preliminary injunction procurements’.

Initiative

The initiation phase is crucial for the success of a project. During this phase, ideas are shaped and their viability is tested.

During the initiation phase, we perform activities for developers, corporations, governments, and collaborating parties. We provide valuable contributions when drafting, interpreting and terminating intention agreements or testing the feasibility of projects, by means of the following methods:

A quick scan of the prevailing zoning, government policy and the environment, as well as the possibilities for a change in zoning;
A quick scan of land positions;
A quick scan of stakeholders: the legal swot-analysis.

Planning

Planning is an essential part of project and area development and is handled during the cooperation, development and realisation agreement. This process combines multiple fields, such as government and urban development, procurement/sales, realisation, and management and exploitation.

We are specialised in these fields. We can help you with drafting contracts for the project and area development, for which we also offer various model agreements. We can also advise and litigate during the interpretation and termination of these contracts. For legal counsel for construction projects, you can also hire us as project lawyer.

Planning is also the interaction of contracts with consultants, such as urban planners, architects, installation consultants and constructors. Project and area development mainly comes down to professional commissioning, which requires multiple activities to be properly aligned. We draft consultant contracts for you and litigate regarding their interpretation and termination.

Government

Municipality, province and the national government play an important role in (re)development, the design and the realisation, management and exploitation of real estate. Law and legislation at a national and a European level can limit your options but can also offer you clear opportunities.

Especially for location and area development, it is important to acquire clarity early on regarding possible pitfalls and opportunities of public law. These pitfalls and opportunities are settled by the environmental law, which regulates the physical environment and is shaped in the Netherlands by laws such as the Wabo, the Chw, the Wro, as well as related law and regulation regarding environmental quality requirements, such as external safety, noise and air quality, nature protection and water management, which affect the spatial planning.

We are happy to help you identify these pitfalls and opportunities and to utilise the applicable laws and regulation. We can assist you in the preparation and establishment of zoning changes, project deviation decrees and environmental licences.

Housing and Healthcare

To socially responsibly and economically handle the entrusted housing portfolio is the major challenge for the corporation world in the upcoming years. Years in which this sector will need to find its new place in the real estate industry.

It will operate differently and more legally and be exposed to more supervision than before. The position of healthcare institutions will likewise be subjected to substantial changes in the upcoming years. Those changes have everything to do with the scope of the care provision and the continuity of the organisation. That requires legal support with a broad vision of the problems at hand, that assists the corporation or healthcare institution with risk-minded advice; not only regarding contracting, but also regarding compliance and structuring legal processes.

Leasing – Sales

During the sale/letting or purchase/leasing of real estate, legal complex issues may come forward. Tenancy law is traditionally a subspecialisation within real estate law and requires knowledge and experience, due to the specific and legally binding elements. The purchase and sale of real estate also often involves complex issues that require the work of a specialist.

We have extensive experience in advising for major transactions, including project or area development. We also possess extensive experience with and knowledge of tenancy law. Additionally, we conduct proceedings regarding legal issues that regard sale/letting and purchase/leasing. For regular clients, we even provide model agreements for these legal areas.

Realisation

For the development and realisation of construction projects, many different types of cooperation forms and contracts can be distinguished. You wish to enter the right contract, stating clear agreements regarding the quality of the project, the budget and the construction time.

We have extensive experience with conceiving and evaluating all contracts that are relevant to construction law. Therefore, all our lawyers possess specialised knowledge regarding the terms and conditions common to this market segment, and they can “read” and legally interpret the Dutch STABU and RAW documents.

In case of a dispute, arbitration by the Dutch Arbitration Board (RvA) is often prescribed. However, increasingly more parties in construction law realise that a civil court is also highly capable of evaluating a construction dispute, or that mediation offers a solution. Dispute settlement in the construction industry requires particular experience and our firm possesses more than enough. We are used to participating in the project team with multiple representatives of the principal and consultants in order to bridge the gap between the work floor or construction crew and the legal world.

Management and Exploitation

Management and exploitation of real estate is important for both the investors and the Corporate Real Estate Management (CREM). Agreements regarding management and exploitation affect the sustainability of the to be developed product. That is why the elements of management and exploitation play a large role during the planning and the sale of projects.

In order to optimise the exploitation, a structure should be developed for the new owners to safeguard qualitatively good management. To this end, we make use of management agreements, park management and the application of real estate rights.

We possess the required specialist knowledge and expertise regarding management and exploitation and are happy to be of service to you.

Brokers, valuers and professional liability

Brokers and/or valuers are increasingly often held liable when the yield of the real estate, at the moment of sale or execution, deviates from earlier prognoses or published valuations.

It is often ignored that the circumstances have changed or that the client has applied a different sales/execution method than the valuation accounted for.

The client (bank, market player) then seeks to redress and the broker or valuer is the first to be held accountable. These are often initially approached via disciplinary law. The disciplinary ruling is then used as supportive evidence in a subsequent compensation procedure. This requires a legal consultant with knowledge and insight into the world of disciplinary jurisprudence combined with civil jurisprudence.

Products

Contact

Address:
Paradijslaan 159
5611 KM Eindhoven

Postal address:
Postbus 480
5600 AL Eindhoven

Phone: 040 21 20 400
Fax: 040 21 21 487

info@vastgoed-advocaten.nl