Construction & property

September 27, 2022

Filter messages on:

Opinion of the Attorney-General: lessees of business premises are entitled to a rent reduction because of the corona pandemic

2021-10-25T12:04:52+00:00October 25, 2021|Commercial Property and Investment, Construction & property, News|

In a case concerning the question whether a lessee of business premises is entitled to a rent reduction because of the coronapandemic, the Subdistrict Court of Roermond asked the Supreme Court preliminary questions on March 31. The answer to these questions is important for legal practice, because the answers from the Supreme Court will also give other tenants and lessors of business accommodations something to hold on to when solving concrete cases.

Temporary lease of business space: what is possible?

2022-08-30T13:00:05+00:00August 9, 2021|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

In real estate, there are two types of leases for business premises: lease of medium-sized business premises (think of a store or catering establishment) or the lease for other business premises (such as office space). This article explains the options for entering into a short-term lease for the different types of commercial space.

How does a purchase/contracting agreement work in real estate?

2022-04-25T13:06:06+00:00July 12, 2021|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

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.

What are the rights, obligations and liabilities of contractors and principals in contracting work?

2022-07-19T09:23:00+00:00July 12, 2021|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

A construction assignment to a contractor is considered a contract for work. This is an agreement whereby the contractor, on the instructions of the client - outside of employment - realizes and delivers a work of material nature. The legal relationship between the client and the contractor is - unless otherwise agreed - governed by the statutory rules for contracting work.

What are the rights, obligations and liabilities of clients and consultants in the commission agreement in a construction process?

2022-04-25T13:30:47+00:00July 12, 2021|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

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.

Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?

2022-04-25T13:37:16+00:00April 19, 2021|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

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.

How does eviction protection work for a tenant when renting office space (and other business premises within the meaning of Section 7:230a of the Dutch Civil Code)?

2022-05-24T09:35:21+00:00March 11, 2020|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

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.

How do I transfer a lease agreement through the right of substitution?

2020-03-10T00:00:00+00:00March 10, 2020|Commercial Property and Investment, Construction & property, News|

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.

How does the termination of a lease agreement for medium-sized business premises work (Section 7:290 of the Dutch Civil Code)?

2020-03-09T00:00:00+00:00March 9, 2020|Commercial Property and Investment, Construction & property, Enterprise and real estate, News, Posts, Specialist areas|

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.

Go to Top