Land allocation and scarce rights

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Government bodies must abide by the principle of equality when performing private-law legal acts. In plain English: what’s sauce for the goose is sauce for the gander. This may relate to matters like the sale of land, the issue of leasehold land or the conclusion of a rental agreement. This obligation is not limited to immovable property, but also applies, for example, to the sale of shares.

One-to-one business

More specifically, this means that the government must organise a selection procedure, because a party must be selected on the basis of objective, measurable criteria. A selection procedure does not have to be organised in some cases; this is the case when it has already been established, or can reasonably be assumed, that only one serious candidate can be considered on the basis of objective, measurable criteria; the so-called 'one-to-one award'. However, the relevant government authority must then announce the intention to conclude the agreement in good time.

Scarce rights

When granting scarce rights, such as scarce permits, government authorities must also abide by the principle of equality. In these cases too, the government authority should in principle organise a selection/allocation procedure. Where a clear cross-boundary interest or the Services Act and the Services Directive apply, additional rules apply.

What we do

We advise government authorities, housing associations and market players on issues surrounding land allocation and the distribution of scarce rights. We help consider whether a selection procedure should be organised and if so, in what way, and think about the motivation. If disputes arise, we will of course assist you in any legal proceedings. Of course, you may also wish to object to the one-to-one award to a third party. In that case, too, you can turn to us.

In addition, we identify any other rules you should be aware of. This is the case when, for example, the agreements qualify as a public or concession contract for works or services subject to tendering. Or where a clear cross-boundary interest applies. We also advise on any obligations under the Services Act and the Services Directive.