Property Law & Administrative Law
Property is a world of major interests and complex rules. Our Property Law and Administrative Law practice group ensures that you’re always one step ahead.
In construction and contracting, landlord & tenant law, administrative law matters, or the purchase and sale of property, we can assist you with strategic advice and authoritative litigation.
We understand the challenges in your sector and offer customised solutions by, for instance:
- drafting a watertight agreement for the use of land for a solar park;
- preventing or challenging enforcement measures in the event of use contrary to the zoning plan;
- recovering damage in the event of hidden defects after the purchase or sale of property; and
- optimally structuring sublease arrangements within the limits of the law.
Your property, our expertise. If you wish to prevent, negotiate or litigate, we can ensure that you’re in a strong legal position. Choose Köster Advocaten and discover what we can do for you.
Landlord & Tenant Law
Landlord & tenant law is complex and constantly changing. Our landlord and tenant lawyers ensure that you maintain control over your property and can achieve your objectives, such as increasing the value of your property through renovation or redevelopment.
We advise and litigate for both tenants and landlords of office and retail space, and support housing associations and professional landlords in all legal matters relating to residential property.
Residential tenancy law: your interests come first
As a landlord of residential property, you face a variety of legal challenges. We can ensure that you have the law firmly on your side. To name a few examples:
- Solid tenancy agreements: from temporary letting to target groups, to customised contracts for long-term tenants.
- Termination of tenancy agreements : is termination possible, for instance on the grounds of urgent personal use? We can advise and litigate on your behalf.
- Rent and rent increases: what can you charge? And how can you impose a rent increase in a legally correct manner?
- Classification of the tenancy agreement: fixed-term or open-ended? We can help you answer that question.
- Unlawful subletting: has your tenant sublet without your permission? We can help you take the right next steps.
- Disputes about defects: is a tenant threatening to apply to the Rent Tribunal? We can provide strategic advice to prevent or deal with such a situation.
Tenancy law for commercial and retail premises: certainty for entrepreneurs and landlords
The right tenancy conditions are crucial to the success of your business or property portfolio. Our tenancy lawyers can ensure that your interests are well protected, from contract formation to dispute resolution.
Renovation and urgunt work
Renovation plans or essential work may present legal challenges. We assist landlords from start to finish in drawing up clear agreements, preventing conflicts, and enforcing their rights.
Your legal partner for commercial poroperty leases
Whether you’re a tenant or a landlord of office, retail or other commercial premises, we can ensure that you’re in a strong legal position. We advise and litigate on matters including:
- customised leases: prevent future problems with well-thought-out contracts;
- substitution: when may a tenant transfer the lease? And when may you, as a landlord, refuse such a request?
- termination: we can advise you on the possibilities and impossibilities, and assist you in proceedings, if any;
- protection against eviction: does the tenant have the right to remain in the property? We can provide clarity and legal support;
- defects: what are your rights and obligations in the event of defects of the property? We can offer strategic advice and assist you if a dispute arises; and
- rent adjustments: we can advise on the possibilities of increasing or decreasing the rent.
Prevent risks and safeguard your interests. We are happy to help you. Please contact our tenancy law specialist Roos de Grave (degrave@kadv.nl) to find out what we can do for you.
Construction Law
Prevent risks and safeguard your interests
A construction project is a complex interplay of contracts, regulations and implementation. Clear agreements in advance and strategic legal support during implementation make the difference between success and legal issues. We can ensure that your interests are optimally recorded and represented, in contracts, negotiations or disputes.
Clear contracts and solid foundation
Before a construction project starts, it’s essential to make clear agreements with all the parties involved: principal, developer, contractor, architect, structural engineer and consultants. We can advise and litigate on:
- project development, purchase agreements, building contracts, contracts for services, and construction team agreements: we can provide legally sound contracts and assist you in the negotiations; and
- general terms and conditions in construction: we have expert knowledge of UAV(-GC), AVA, AVV, DNR, Woningborg and GIW, among other things.
Disputes during and after construction: your strategy determines the outcome
Construction projects involve significant risks. Liability for defects, delays or contractual disputes may lead to far-reaching legal proceedings. We can assist you in matters such as:
- liability of contractors and subcontractors: who’s responsible for construction errors, hidden defects or unfulfilled agreements?
- compliance with construction and safety standards, such as obligations under the Besluit bouwwerken leefomgeving (Structures (Living Environment) Decree) and the impact of the Wet kwaliteitsborging voor het bouwen (Quality Assurance (Building Sector) Act); and
- concurrence of responsibilities: if multiple parties are involved (such as contractors, consultants and suppliers), we can help you determine who is liable and what legal steps will be effective.
Arbitration and litigation: specialist assistance in construction disputes
Many disputes concerning the performance of a construction contract end up before the Arbitration Board for the Building Industry. Our construction law specialists also have extensive experience with arbitration proceedings and can contribute strategical and practical ideas.
In prevention, negotiation or litigation, we can ensure that you’re in a strong legal position. Contact us to find out how we can protect your interests in the construction sector.
Purchase and sale of property
The purchase and sale of commercial property and residential portfolios requires careful legal guidance. Property transactions involve significant financial interests and legal risks. On the purchase of commercial premises, a property portfolio or the sale of a property company, we can ensure that you’re in a legally and strategically strong position.
Your security comes first
You want a secure and smooth transaction. We have extensive experience in property transactions and will guide you through every step, from due diligence to the final agreement.
- Due diligence for buyers: we identify all legal risks before the purchase, so that you know exactly where you stand.
- Due diligence for sellers: we assist with documentation, answering questions and structuring the transaction.
- We provide a clear picture of ownership rights and the legal status of the property.
- Review of leases: the value of property is often linked to leases. We identify risks and advise on possible pitfalls.
- Commercial rights and obligations: we identify restrictions and obligations that affect the use or value of the property.
- Public-law restrictions: we assess zoning plans, environmental regulations and permits to limit risks and ensure your plans are feasible.
- Contract negotiations and purchase agreements: we can arrange for a legally sound purchase agreement that minimises risks and optimally protects your interests.
More than mere property law
In addition to property transactions, we can also assist you with:
- sale and purchase of property companies: in collaboration with our Corporate Law-M&A practice group, we can arrange for a legally sound transfer of property companies;
- proceedings and dispute resolution: if a conflict is unavoidable, we’ll be at your side to defend your interests, together with our Dispute Resolution practice group; and
- full transaction support: we work with civil-law notaries from our network to ensure that the transfer proceeds smoothly and carefree.
We supervise your property transaction from start to finish
If you’re buying commercial property, selling a property portfolio or seeking to minimise legal risks, we can provide certainty at every step of the process. Contact us for strategic advice.
Administrative Law
Administrative law is at the core of our society. Where permits, spatial planning or government enforcement is involved, our lawyers will guide and represent you in complex administrative law issues. Our in-depth knowledge of regulations and years of experience are at your disposal for strategic advice and effective legal assistance at every stage of the administrative law process. Administrative law is furthermore constantly changing, which is why we keep a close eye on current developments, such as case law, including developments related to nitrogen.
Whether you wish to think ahead and need legal advice, or are faced with an enforcement issue or administrative law proceedings, we’re ready to help you.
Spatial planning
When the Omgevingswet (Environment and Planning Act) entered into force on 1 January 2024, the regulations related to spatial planning changed radically. The Act consolidates and simplifies rules for construction, the environment, nature and water, with the aim of faster and better decision-making. We advise and litigate on topics such as:
- the environment plan (formerly known as the zoning plan)
- environmental and other permits, including activities that contravene the environment plan
- enforcement and supervision, such as an order subject to a penalty, an administrative enforcement order, or an administrative fine
Köster Advocaten can advise, for instance, on the process of obtaining an environmental permit for new construction, major renovations or redevelopment of property, or changes in the conditions under which that permit is granted. You may also wish to oppose a particular property development. In that case we can assist you in objection or appeal proceedings before the administrative court.
Housing Bylaw
The scarcity in the housing market is forcing municipalities to set rules for the distribution and use of living space. They do so in the form of the Housing Bylaw (Huisvestingsverordening). We advise and litigate on all aspects of housing regulations, and help both private individuals and professional parties to protect their rights. This includes topics such as architectural division, division into apartment rights, conversion (letting rooms), subdivision of residential property, and property consolidation. Also, municipalities are increasingly including protection against buy-to-let arrangements in their Housing Bylaw. This requires vigilance when buying or selling a home.
Open Government Act
The Wet open overheid (Open Government Act) regulates the right of access to government information and obliges government agencies to disclose documents and data. This may give rise to legal issues, for citizens and businesses requesting information as well as for authorities in charge of assessing requests. We can assist in submitting requests under the Open Government Act, objections or appeals against a decision under that Act in which information has been refused, in cases in which a decision deadline is exceeded, and in drafting an opinion if the disclosure of certain information is undesirable.
Subsidies
Subsidies are an important financial incentive for companies, institutions and individuals, but applying for and retaining them is not always easy. Authorities apply strict conditions and procedures, and disputes about the granting, rejection or recovery of subsidies are common.
Housing associations
Housing associations operate at the intersection of public housing, regulation and corporate social responsibility. They deal with complex laws and regulations, including the Woningwet (Housing Act), the Huisvestingsverordening (Housing Bylaw), the Omgevingswet (Environment and Planning Act), and the Wet goed verhuurderschap (Good Landlordship Act). We offer housing associations specialist legal support in administrative law issues, both in strategic terms and in specific proceedings.
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