Apartment rights

When you buy an apartment, together with the other owners you will have the right to the land: the ground lease right.

    Apartment rights come into being when a building is divided into different independent apartments. Your apartment right is:

    • your right to use an apartment
    • a share in the joint ownership of the building and what falls under this (the common areas and facilities and the ground lease right to the land).

    Act of division

    The act of division also establishes the homeowners association (VvE) and lays down the rights and duties of each apartment owner. The act describes how the apartment rights are allocated, what your responsibilities are and what the responsibilities of the VvE are. Here you will also find the distribution code which determines which part of the common costs you have to pay. The leasehold is part of the common property. More information under Dividing, changing and merging ground lease rights.

      The ground lease right is expiring

      The members of a homeowners association (VvE) share 1 ground lease right.

      • When that right expires, the municipality will offer you a share in the new ground lease right for each apartment right.
      • If all the apartments have a new share in the ground lease right, the new right of all the apartment owners must be recorded in a notarial act.
      • The members of the VvE jointly sign the act for the new right at a notary.

      Recording leasehold in an act

      Apartment owners sign a new ground rent right at different moments. It can therefore take a long time before the new ground lease right is recorded in an act.

      • Because the new ground rent has to take effect, an obligatory contract is signed for each apartment right.
      • After signing this contract, you and the municipality are bound to the agreements.
      • Under these agreements, you will receive invoices from the municipality which you must pay.
      • You cannot change or cancel these agreements yourself.

      For more information, visit Leasehold contract expires within 15 years.

      Own land

      Because you share 1 ground lease right together with the other apartment owners, you can all jointly buy ownership of the land from the municipality. You must first reach unanimous agreement with your neighbours (members of the VvE). Buying the land must be recorded in a notarial act. For more information, visit From ground lease to own land.

      Amending apartment rights

      Anyone wanting to extend their apartment with a roof terrace or roof structure must obtain permission from the other apartment owners in the VvE. The change must be recorded in an amendment to the notarial act of division. Ask your notary for advice. The municipality must also agree to the amendment to the act. A new division drawing is also required for the amendement. You can commission the Geo Information department and ground lease department (Erfpachtbedrijf) to make a drawing for you.

      More information

      Dividing, changing and merging ground lease rights

      Published: 5 March 2018Modified: 23 April 2020