Real Estate & Government

With our extensive experience, De Clercq can support you in legal matters relating to the following:

• Construction: including negotiations, liability, design errors, additional work, lien, suspension, and so on.
• Property development: contracts, transactions and investments.
• Tendering processes: advising and litigating in various tendering procedures, in both the construction and civil engineering sectors.
• Monuments: advising and litigating with respect to your rights and obligations as the owner or manager of a heritage listed building. Please also visit our special website on this topic at https://www.monumentenrecht.com/.
• Property rights such as leasehold, building rights and easements.
• Apartment rights and Owners’ Association management: rights and obligations relating to owners, managers and administrators.
• Healthcare-related property: ranging from the ‘cure’ and ‘care’ construction regime to the separation of residential and care accommodation.

De Clercq frequently assists clients with regard to the following matters:

• Purchasing and selling: advice on and handling of conflicts, including compliance, dissolution, disputes relating to hidden defects, statutory rights and duties between neighbours, and so on. This is with respect to projects and residential and commercial properties.
• Renting and leasing: advice, drafting of contracts, handling of conflicts concerning payment disputes, eviction, the Vacant Property Act, establishment of rental prices and service costs, maintenance disputes. This concerns business premises, residential properties and other real estate.

De Clercq frequently advises and litigates on matters relating to government decisions (both in real estate and other areas) made by the State, provinces, municipalities, water authorities and independent administrative authorities such as the Netherlands Food and Consumer Product Safety Authority (Nederlandse Voedsel- en Warenautoriteit). This includes licensing, supervision and enforcement with respect to:

• legislation and regulations for specific policy sectors;
• government action, planning damage and government liability;
• subsidies;
• spatial planning, housing, infrastructure, environment, nature and water, the Environment and Planning Act, permits for constructions and other developments, exemptions, zoning plans and ordinances;
• enforcement matters (judicial penalties or other forms of administrative enforcement), and forced closure of premises (Opium Act).

Construction and contracting
Assisted numerous clients in disputes relating to construction and contracting, both on the side of contracted parties (contractors, subcontractors, architects, structural engineers) and clients (both companies and individuals). Regularly occurring cases concern disputes relating to completion, delays, additional work, circumstances leading to cost increases, payment problems and lien, and construction problems subsequent to completion. De Clercq also has expertise in disputes relating to damage to surrounding properties (claims from neighbours and other parties).

Advice on intended property development, construction and use possibilities
We have helped many clients in achieving their intended property development, construction and use possibilities, including providing advice on various spatial aspects, consultation with various authorities involved (at both administrative and political levels), effectively dealing with other stakeholders, and representing clients in legal proceedings involving objections, appeals and appeals to a higher court, both in the courts and in the Council of State (Raad van State).

Rental advice and rental disputes
De Clercq also provides rental advice and assists in rental disputes on a daily basis. Tasks include advice on and drafting of lease agreements and other agreements relating to the use of real estate, whether commercial or residential, and whether on behalf of property owners, investors and housing associations, or tenants. We also advise and litigate during lease agreements, on matters such as rental prices, property use, and modification of lease agreements. Among its other activities, De Clerq also includes regular eviction procedures and other procedures associated with non-payment and termination of lease agreements, continuation (e.g. substitution in the sale of an enterprise), and completion/delivery disputes.

Monuments
De Clercq provides a variety of advice on monuments, both for owners, users and government authorities. Because there are often limitations that come with monuments, this can be daunting for owners. The firm regularly advises and litigates on designation of a property as a listed building, and the lifting or alteration of a listed building’s status. De Clercq also regularly assists parties on intended alterations to listed buildings.

Advice on supervision and enforcement by government authorities
De Clercq provides advice on supervision and enforcement by various government authorities, both national and local. We handle many commonly occurring matters such as administrative enforcement, judicial penalties, administrative fines and imminent government intervention.