

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
26 March 2026
This time, it concerns a blog that does not only affect our real estate practice. The Supreme Court judgment discussed in this blog affects all legal relationships in which parties owe each other mutual debts and wish to set them off against one another. On 23 January 2026, the Supreme Court issued a landmark ruling on the relationship between set-off and limitation (prescription). The judgment clarifies how far the possibility of set-off extends when a claim has become time-barred. In doing so, the Supreme Court provides a general framework that is relevant to all continuing agreements in which payment obligations play a role.

Real Estate & Government
15 January 2026
Service charges have long been a flexible part of rental agreements for many residential landlords. The rules allowed room for discretion, settlements were made afterward, and disputes usually only arose when a tenant approached the Rent Tribunal. The new law introduced by Minister Mona Keijzer changes this. It was originally intended to take effect on January 1, 2026; however, in December 2025 it became clear that it will most likely come into force on July 1, 2026. The new law introduces more detailed regulation of service charges in rental agreements.

Real Estate & Government
22 December 2025
Following our earlier blog on the Opinion of the Advocate General at the Supreme Court regarding the question of whether the (potential) ability to obtain a higher rent constitutes an interest (within the meaning of Article 7:296(3) of the Dutch Civil Code) on the basis of which a lease agreement for 290-type commercial premises can be terminated, we now discuss the judgment of the Supreme Court.