enterprise and real estate

What is a purchase/contractor agreement? When parties agree that one of them will provide a piece of land and construct or finish a building on it for a fee, there is a contract for the purchase of the land on the one hand and a contract for work on the other hand with regard to the building. The part relating to the purchase of the land is governed by the legal rules of sale. On the part that relates to contracting work (building and delivery), the rules of contracting work apply. Therefore, it does not make much difference in practice whether one speaks of two linked contracts (purchase and contracting) or of one compound contract to which the rules for purchase and the rules for contracting apply in part.

At the start of a construction project, a client will often engage an architect, engineer or consultant to help him with the design (hereafter: 'consultant'). The legal relationship between the client and his consultant is - if nothing else has been agreed - governed by the legal rules for the commission contract. These legal rules can be found in the first section of title 7.7 of the Dutch Civil Code (art. 7:400 ff. of the Civil Code). The summary statutory regulation has a general and open character and is largely of a regulatory nature. It is therefore common for parties to make further agreements.

There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.

Lease contracts for office space, storage or other business premises are often referred to as 7:230a leases. This name refers to the applicable legal provision. Tenants of these leases are entitled to eviction protection after termination of the lease.

An entrepreneur who wants to sell his business will generally want to transfer the lease of his business premises to the buyer. This is possible by means of substitution. For mid-market business premises, such as shops, catering, collection or delivery services and craft businesses, this is regulated by law. It is a special form of a transfer of the lease agreement.

Lease agreements for shops, catering, take-away or delivery services and craft businesses are referred to as lease agreements for medium-sized business premises. Specific legal provisions apply to this type of lease. The starting point is a high level of protection for the tenant. After all, the lessee must be able to build up his business and generate income and goodwill. The protection of the tenant also means that lease contracts for medium-sized business premises cannot simply be terminated. This is subject to legal requirements.