

Whether you are an entrepreneur, government body or independent administrative body, you are subject to numerous rights and obligations with respect to developing, constructing, buying, selling, owning, operating and using buildings. These rights and obligations are guaranteed or enforced by a mass of legislation and regulations. If you would like to know exactly what you are allowed or required to do as a private or public party, and if you want your interests to be objectively safeguarded, then you can count on the real estate and government expertise at De Clercq.
With our extensive experience, De Clercq can support you in legal matters relating to the following:
De Clercq frequently assists clients with regard to the following matters:
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:
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.







Real Estate & Government
24 July 2026
You may occasionally see this in the media: (grand)children being threatened with eviction by a landlord because they, rather than the (grand)parents, are the tenants of the property. In certain circumstances, the law provides that a remaining occupant can become the tenant themselves. If the landlord does not cooperate, the remaining occupant must bring proceedings under Section 7:268 of the Dutch Civil Code to request permission to continue the tenancy. The second paragraph of this provision states that the tenancy continues until a final and binding decision has been made on the claim for continuation of the tenancy.

Real Estate & Government
10 July 2026
An illegal alteration carried out by a previous owner may remain unnoticed for years—until the municipality takes enforcement action. In a judgment delivered on 25 March 2026, the District Court of The Hague ruled that the owner of an unlawfully subdivided property can be required to restore the lawful situation, even if the property was purchased in good faith. The judgment makes clear that civil law arrangements and administrative law responsibilities do not always align: even where a purchaser is able to recover their losses from the seller, they remain responsible vis-à-vis the municipality for remedying the violation.

Real Estate & Government
7 May 2026
If you own a national, provincial or municipal monument, you will face an important change as of 29 May 2026: the exemption from the energy label requirement for monuments will expire. In this blog, we explain what will change, why this is happening and what this means for you.