Buying, selling, leasing and developing property, including advice for non-EU citizens and foreign investors.
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Commercial and immigration focus
Most European countries allow foreigners to purchase property, though some have restrictions for non-EU nationals. A real estate lawyer can advise on your specific situation.
Title searches, planning permission checks, mortgage encumbrance searches, and review of the sale contract. Always use an independent lawyer, not the seller's lawyer.
Browse our verified directory of law firms across Netherlands's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsDutch real estate law is governed by Boek 3 and Boek 7 van het Burgerlijk Wetboek (BW) (Civil Code) for property rights and purchase agreements, and the Wet op belastingen van rechtsverkeer (WBR) for transfer tax (overdrachtsbelasting). All residential property transfers must be executed before a notaris via an akte van levering (deed of transfer), registered in the Kadaster (land registry). The Kadaster provides online access to property information at www.kadaster.nl.
| Buyer Category | Rate | Conditions | Legal Basis |
|---|---|---|---|
| First-time buyer (startersvrijstelling) | 0% | Age 18-35; property price max EUR 525,000 (2025 limit); will use as primary residence; once in a lifetime | WBR Art. 15 lid 1 onderdeel p; Besluit startersvrijstelling |
| Owner-occupier (not first-time buyer) | 2% | Property used as primary residence (hoofdverblijf) | WBR Art. 14 lid 2 |
| Buy-to-let / corporate / second home | 10.4% | Any non-owner-occupier acquisition (rate raised from 8% to 10.4% in January 2023) | WBR Art. 14 lid 1 |
The NHG (National Mortgage Guarantee) provides a state-backed guarantee to mortgage lenders, enabling borrowers to access lower interest rates. NHG limit in 2025: EUR 450,000 (increased from EUR 435,000 in 2024; EUR 477,000 if energy-saving measures are included). NHG one-time premium: 0.6% of mortgage principal (paid at closing). Borrowers with NHG typically receive a 0.2-0.5% interest rate reduction. NHG is administered by Stichting Waarborgfonds Eigen Woningen (WEW). Eligibility: buyer must occupy the home as primary residence; income must meet affordability rules (Nibud income norms).
Dutch notary fees for residential property are negotiable (deregulated since 1999) but typically run EUR 1,000-2,500 for a standard purchase deed plus EUR 800-1,500 for the mortgage deed. The makelaarscourtage (estate agent commission) is typically 1-2% of purchase price (buyer pays no agent fee; the seller's agent fee is 1-2%). Additional costs: Kadaster registration (akte van levering: EUR 206; hypotheekakte: EUR 206 for 2025 Kadaster rates); taxatiekosten (valuation report for mortgage): EUR 500-750; bankgarantie or waarborgsom (deposit, usually 10% of purchase price, held in escrow by notaris).
Owner-occupiers pay a deemed rental income (eigenwoningforfait) in Box 1 of the Dutch income tax return: 0.35% of WOZ value (for properties between EUR 75,000-1,310,000; 2.35% above EUR 1,310,000 in 2025). Mortgage interest (hypotheekrente) is deductible from Box 1 income at a maximum rate of 37.48% (2025; capped and declining for higher earners). Deduction applies only to annuity or linear mortgages (aflossingseis), not interest-only (aflossingsvrij) for post-2013 mortgages.
Emma, a 32-year-old Dutch national, purchased her first apartment in Amsterdam for EUR 450,000. As a first-time buyer under 35, she qualified for the startersvrijstelling: EUR 0 overdrachtsbelasting (saving EUR 9,000 versus the 2% rate). She took out an NHG mortgage of EUR 405,000 (90% LTV); NHG premium: EUR 405,000 x 0.6% = EUR 2,430. Notary fees: EUR 2,100 (levering) + EUR 1,200 (hypotheek). Kadaster fees: EUR 412. Makelaarscourtage (seller's agent): not paid by Emma. Taxatiekosten: EUR 620. Total transaction costs: approximately EUR 6,762 (1.5% of purchase price). Emma's annual eigenwoningforfait: EUR 450,000 x 0.35% = EUR 1,575; mortgage interest deductible at 37.48%.
