Real Estate and environment

Asbestos is a hazardous substance. This is why many rules have been laid down regulating how we deal with asbestos. Asbestos removal companies and asbestos inventory companies must therefore hold the correct certificates. When a certified company violates the rules, their certificate can be suspended or revoked, preventing the company from continuing its operations. We assist companies facing these problems.

Government decisions take centre stage in administrative law. This includes decisions in which an administrative body awards benefits, revokes an operating licence or takes enforcement action. If you disagree with a decision of an administrative body, or if you have lodged an objection and it has been dismissed, you can appeal to the administrative court. Challenging a government decision can be quite stressful. Kienhuis Legal then offers legal support.

The value of your immovable Real Estate depends on the environment and the possibilities for use of your land. And these can both change. This can happen, for example, when the environmental plan (formerly the ‘zoning plan’) that applies to your Real Estate changes, or if new construction takes place in the vicinity of your Real Estate. If this reduces the value of your Real Estate, you may be entitled to compensation.

Construction is constantly evolving and that can make it quite challenging. Whether it is about realising new construction, renovation or demolition, the dynamic world of construction is complex. Fortunately, you are not alone. Our construction law specialists advise and litigate at all stages of the construction process.

The government can take action against a violation of rules. This can be done via an administrative fine, administrative coercion, an order subject to a penalty for non-compliance, and criminal law. In certain cases, a permit or license may also be revoked. If you are affected by an enforcement decision, we can examine the possible follow-up steps together. This of course also applies if if the opposite situation arises: if you wish to act as a government authority or if you, as an entrepreneur, wish for the government to take action but it refuses to do so. We assist you in this.

Anyone who wants to construct anything will inevitably have to deal with environmental law. Environmental law includes the topics of spatial planning, the environment, nature and the legislation protecting these, and external safety. Almost all of this is fully regulated in the Environment and Planning Act.

Permits and licenses exist in all shapes and sizes. Many activities require a permit or a license. Think of an integrated environmental permit for a renovation or an operating permit for catering establishments. This is laid down in laws and regulations. It is possible to challenge a decision to grant or refuse a licence or a permit, invoking these rules.

The life cycle of Real Estate starts with its development. Often, the land is acquired from a municipality, developed by the developer and then sold to an end investor, housing association, or to private individuals. These are quite a few parties, with different positions and therefore many different interests.

Real Estate is a dynamic industry where agreements underpin transactions and entrepreneurship. Whether you’re developing or buying offices, shopping centres or housing, there is always legislation involved. Consider, for example, civil law rules, but sometimes also administrative law and tax issues.

Many Real Estates have been financed with loan capital, but the type and degree of financing can vary greatly and so do the interests of the stakeholders involved. Our specialists assist entrepreneurs, financiers and high-net-worth families with entering into and laying down the terms of loans, rights of pledge and mortgages and the transactions involved.

By 2050, the Netherlands wants to be climate neutral. In recent years, the Dutch government has put a lot of effort into promoting renewable energy sources and reducing polluting 'emissions’ in light of this ambition to be carbon-neutral. This is challenging not only technically and economically, but also legally. Our specialists will assist you in all aspects of these developments.

Dutch tenancy law is complex and comprehensive. Different rules come into play depending on the real estate to be rented, let or leased. Tenancy law is the part of Dutch civil law covering rental agreements in general. This applies not only to the rental of, say, a house or a room, but to all types of rental agreements.