
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
1 July 2025
Can a contracting authority require the use of a specific material in a public tender? The European Court provides a clear answer: only if there is truly no alternative. In all other cases, the phrase 'or equivalent' must be included.
Real Estate & Government
27 June 2025
Buildings designed by architects may not be altered without due consideration. An architect has the right to oppose any modification or distortion of their work. How far does this copyright extend? That was the central question in preliminary relief proceedings earlier this year concerning the design of the new entrance hall at Eindhoven Airport.
Real Estate & Government
24 June 2025
As of July 1st, tenants in Amsterdam must apply for a permit if they wish to rent a mid-rent property.