Best Commercial Real Estate Lawyers in Ommen

About Commercial Real Estate Law in Ommen, Netherlands

Commercial real estate in Ommen sits within the Dutch national legal framework and the municipality of Ommen's local planning rules. Ommen is part of the province of Overijssel and features a mix of retail in the town center, small to mid-size office spaces, light industrial and logistics sites, and hospitality assets serving the Vecht valley tourism economy. Transactions, leases, development, and financing are governed primarily by Dutch civil law, while land use, building, and environmental matters are overseen locally under the Omgevingswet. Investors and occupiers will encounter issues common across the Netherlands, with local nuances related to zoning, heritage, water management, and Natura 2000 nature conservation areas around the Vecht.

Because Dutch law draws important distinctions between types of business premises and because the Omgevingswet integrates many permitting regimes into one system, early legal input is valuable to align your deal structure, permitting pathway, and risk allocation with your commercial goals.

Why You May Need a Lawyer

You may need a lawyer when buying or selling property to structure the deal, coordinate due diligence, negotiate conditions precedent, and work with the civil-law notary on the deed of transfer and mortgage deed. A lawyer can assess title, easements, ground lease rights, and encumbrances recorded in the land register, and can tailor warranties, indemnities, and escrow arrangements to manage identified risks.

For leasing, a lawyer is important to identify whether a space qualifies as retail-hospitality business premises with statutory protections or as other business space with different rules. Counsel can negotiate rent review mechanisms, indexation, maintenance and service charge allocation, fit-out responsibilities, break options, and security packages such as bank guarantees or deposits, while safeguarding statutory rights that cannot be contracted out in protected leases.

In development or refurbishment, counsel can map the applicable plan rules in the municipal omgevingsplan, advise on whether a use change or construction requires an omgevingsvergunning, and coordinate environmental, heritage, and water board considerations. Legal guidance helps you navigate the integrated permitting timeline under the Omgevingswet and align it with commercial milestones.

Environmental and technical risks often require legal management. Counsel can commission and evaluate soil and asbestos surveys, flood and water management constraints, noise and external safety zones, and any Natura 2000 implications, and then translate findings into contract protections or permit conditions.

In disputes and insolvency scenarios, lawyers assist with rent arrears, maintenance obligations, nuisance or fit-out conflicts, eviction protection, and termination. In financing, lawyers negotiate loan documentation, security interests, and intercreditor arrangements, and confirm regulatory and tax implications of VAT and transfer tax choices.

Local Laws Overview

Property and lease law are found in the Dutch Civil Code. Property rights sit in Book 5 and security and obligations in Books 3 and 6. Leases are governed by Book 7 with a key divide between retail-hospitality business premises and other business space. The distinction drives lease duration, termination rights, and rent review mechanisms. The legal principle that sale does not break lease means a buyer steps into the landlord position by operation of law.

Since 1 January 2024, the Omgevingswet governs planning, building, and environmental rules in an integrated way. The municipal omgevingsplan sets local use and building parameters, replacing former zoning plans. Many activities now require a single omgevingsvergunning that can cover construction, use changes, environment, monuments, and nature permitting in one process. Applications are made through the national digital system, and the municipality of Ommen is the primary decision-maker, coordinating with the water authority and the province where needed.

Title transfer and mortgage creation require a civil-law notary to execute a notarial deed and registration in the public registers maintained by the Kadaster. Without registration, a transfer is not effective against third parties. Due diligence on title, cadastral boundaries, easements, and special rights like ground lease or superficies is standard.

Taxes are material in commercial real estate. Real estate transfer tax is generally due on the acquisition of non-residential property, with a rate that is higher than for owner-occupied homes. VAT can apply to new buildings and to leases if landlord and tenant opt for VAT and the tenant uses the premises for VAT-taxable activities. The choice between VAT and transfer tax in certain scenarios has significant cash flow and cost implications and should be modeled before signing.

Local property charges include municipal property tax based on WOZ value, sewerage and waste levies, and water authority assessments. Leases often pass certain charges to tenants, but contract wording and statutory limits apply.

Sustainability obligations affect commercial stock. Offices of 100 square meters or more generally must meet at least energy label C to be used as offices. New construction must meet nearly energy-neutral standards and other technical rules that now sit in the Besluit bouwwerken leefomgeving. Renovation may trigger energy performance upgrades and fire safety requirements. Energy performance and subsidy opportunities should be considered in your business case.

Environmental topics in and around Ommen include soil quality, possible asbestos in pre-1994 structures, flood risk tied to the Vecht, and nature protection where projects could affect Natura 2000 sites. Under the Omgevingswet there is a duty of care for activities that may impact the physical environment. In some cases an environmental impact assessment or a nature permit is required. Early screening prevents delays.

Frequently Asked Questions

How are commercial leases classified in the Netherlands and why does it matter

Dutch law distinguishes retail-hospitality business premises and other business space. Retail, food and beverage, and certain service providers in publicly accessible street-front locations typically fall under the first category and enjoy strong statutory protections on lease term, termination, and rent review. Offices, logistics, and most industrial spaces fall under the second category with fewer statutory protections and more freedom of contract. Getting the classification wrong can lead to unenforceable clauses and litigation.

What are typical lease terms and indexation practices in Ommen

Lease lengths vary by asset type. Retail-hospitality premises often use a five-year initial term followed by a five-year extension, subject to statutory rules. Offices and industrial spaces often agree on three to five years with extension options. Annual indexation is common and usually follows the Dutch consumer price index published by Statistics Netherlands, with the exact formula set in the lease. Caps or floors on indexation can be negotiated.

Do I need a permit to change the use of a building or fit out a unit

Under the Omgevingswet, a change of use or construction work can require an omgevingsvergunning depending on the omgevingsplan rules for the location and the scope of work. Interior fit out can be permit-free if it does not affect structural or fire safety, but many alterations and all use changes must be assessed. Early contact with the municipality of Ommen helps confirm whether your plan is allowed or requires a deviation with conditions.

How does buying a commercial property work legally

Parties sign a written purchase agreement that sets price, timeline, conditions, warranties, and risk allocation. A civil-law notary then prepares the deed of transfer and handles completion. Title passes when the deed is executed and registered at the Kadaster. The buyer should complete legal, technical, environmental, zoning, and lease due diligence before completion. Financing is secured with a notarial mortgage deed. Transfer tax and notary fees are settled at completion.

What taxes apply when I acquire or lease commercial real estate

Acquisitions of non-residential property are generally subject to real estate transfer tax. In specific cases VAT may apply to new buildings and can interact with transfer tax through reliefs, and leasing can be VAT-exempt or VAT-taxable if parties opt in and the tenant conducts VAT-taxable activities. Ongoing municipal property taxes and levies apply. Your specific tax profile and intended use determine the optimal structure and whether VAT recovery is possible.

Who is responsible for soil contamination and asbestos

Responsibility depends on the cause, timing, and contract. Buyers and tenants typically commission phase 1 and, if needed, phase 2 soil investigations and an asbestos survey before works. If contamination poses an unacceptable risk, authorities can require remediation and can place use restrictions. Contracts often allocate investigation and remediation duties, include indemnities, and tie completion to satisfactory reports. Under the Omgevingswet there is a general duty of care regarding environmental impacts.

Are there minimum energy performance rules for offices

Yes. Offices of 100 square meters or more generally must meet at least energy label C to be used as offices, with some exemptions. New buildings must meet nearly energy-neutral standards and other technical requirements. Landlords and tenants should address energy upgrades, metering, and cost allocation in the lease and project plan.

What security is customary for commercial leases

Landlords commonly require a bank guarantee or cash deposit equal to around three months of gross rent including service charges and VAT if applicable. Parent guarantees can be requested for special purpose vehicle tenants. The lease should clearly state drawdown conditions and return procedures. For fit out, additional performance or completion security may be agreed.

Can a landlord pass property taxes and service charges to the tenant

It depends on the lease type and wording. In multi-tenant buildings, tenants usually pay a share of service charges for shared utilities, cleaning, maintenance, and management. Property tax and user levies can be passed through if the contract allows. For protected retail-hospitality premises, certain statutory provisions limit deviations that are disadvantageous to the tenant, so drafting must align with mandatory law.

What happens to leases if the property is sold

Sale does not break lease. The buyer becomes the new landlord by operation of law and must honor the existing lease, including deposits and guarantees. Tenants continue to pay rent under the same terms. Sellers and buyers usually agree on apportionments and assignment of security at completion. Tenants may have notification rights or consent rights for specific assignments only if the lease provides for them.

Additional Resources

The municipality of Ommen can advise on the omgevingsplan, pre-application guidance, and omgevingsvergunning procedures for construction, use changes, environment, and heritage.

The Kadaster maintains the land register and cadastral maps for title, easements, ground leases, and mortgages. Title investigations and extracts are obtained through the Kadaster.

The civil-law notary is the public official who prepares and executes transfer and mortgage deeds and registers them. Notaries also hold completion funds in escrow and verify identities and anti-money laundering requirements.

The Belastingdienst provides guidance on real estate transfer tax, VAT on property and leases, and municipal tax interactions. Early tax clearance on structure and VAT options can avoid costly surprises.

The water authority responsible for the Ommen area manages water safety, flood protection, and discharge permits. Early coordination helps address floodplain and drainage requirements in designs and operations.

Statistics Netherlands publishes the consumer price index used in many indexation clauses. Confirm the exact index series and reference month in your lease.

The Netherlands Enterprise Agency offers information on sustainability subsidies and fiscal facilities that can support energy upgrades and circular construction in commercial projects.

Professional associations and market data providers can assist with rent benchmarks, valuation standards, and standard form contracts such as the ROZ lease models commonly used in practice.

Next Steps

Clarify your objective and constraints. Define whether you seek to buy, lease, develop, or redevelop, and prepare a concise brief covering location, use, size, budget, timing, and any special technical or sustainability requirements.

Screen planning and permitting feasibility early. Ask the municipality of Ommen about the applicable omgevingsplan rules for your site, whether your intended use is permitted, and whether you will need an omgevingsvergunning or a deviation. If your site is near sensitive nature areas or in a flood-prone zone, factor in additional studies and timelines.

Assemble your advisory team. Engage a real estate lawyer with Dutch commercial property experience and local Ommen knowledge, a civil-law notary, a tax adviser, and technical-environmental consultants. For leasing, consider a broker who understands local rents and incentives.

Run legal and technical due diligence. Review title, easements, encumbrances, leases, service contracts, building and fire safety, energy label and installations, soil and asbestos, water management and flood risk, and any heritage or monument status. Use findings to shape conditions precedent, price, rent, timelines, and warranties.

Plan your tax and financing structure. Model transfer tax and VAT outcomes for acquisition and leasing, and align loan covenants with lease terms, capex plans, and permitting milestones.

Negotiate and document. Use the correct lease model for the premises type, align clauses with mandatory Dutch law, and record clear agreements on indexation, rent review, maintenance, service charges, sustainability works, security, and termination. For sales, ensure the deed reflects the agreed allocation of risks and securities and that all consents and clearances are in place before completion.

This guide provides general information only and is not legal advice. For a tailored assessment of your commercial real estate matter in Ommen, consult a qualified Dutch real estate lawyer and a civil-law notary before you commit to any transaction or works.