Limitations to Foreigners

1. Are there in your national system any limitations to foreigner citizens or foreign companies/companies controlled by foreign citizens regarding the acquisition of immovable properties? If yes:

1.1. Which legal regulations regulate in your country the prohibitions or limitations for foreigners’ acquisitions in case of transfer of property? Please specify the legal regulation and/or the range of the regulation that contains the prohibition.

Not applicable, other than the (European) regulations regarding the freezing or seizure of property.

1.2. What do these limitations consist of?

The only limitations there are, are the limitations regarding European (and possible national) freezing orders.

1.3. Do these limitations apply to any foreign citizen, regardless their nationality, or only to non-EU Members national citizens?

The only limitations there are, are the limitations regarding European (and possible national) freezing orders. These may concern foreigners from within or outside of the European Union.

1.4. Do these limitations have?

• A defensive/protective purpose
• An economic purpose
• Both economic and defensive/protective purposes
• «Other purposes (please specify): Depending on the reason of the European (or possible national) freezing order.»

2. To which kind of land registry unit do these limitations apply? (Example: only land plots, only rural areas, only foreign borders, dwellings and homes, other buildings?

The only limitations there are, are the limitations with regard to European (and possible national) freezing orders. These limitations (naturally) do concern all possible assets, so all possible land registry units and the rights in rem vested on them.

3. To which kind of transfers or burdens do these limitations apply? (Example: to every transfer, non-free transfers, differently in case of inheritance than in case of purchase, mortgages in favor of foreigners….)

The only limitations there are, are the limitations with regard to European (and possible national) freezing orders. These limitations apply to all kinds of tranfers and burdens in favor of the specific person(s) whose assets are frozen by the European (or possible national) freezing order.

4. Apart from the previous limitation to acquisition of property by foreigners, are there any other measures at your country relevant for this topic? (Example: pre-emption rights in case of purchase un favor of a foreigner, social or residential measures bases on nationality and non in residential permits….)

Purchasing real estate in the Netherlands as a foreigner is quite straightforward, but there are some nuances to be aware of.

Foreigners, regardless of their nationality, are generally allowed to buy property in the Netherlands. This includes both residential and commercial real estate. Importantly, there is no restriction on owning land. So, as a foreign buyer, you have the same property ownership rights as Dutch citizens. You don’t need to be a resident of the Netherlands to buy property. Foreigners can also purchase real estate as an investment or as a second home without residing in the country.

However, if you’re planning to live in the property, different rules apply, particularly concerning residency permits and visas. Buying property in the Netherlands doesn’t automatically grant you a residency permit or visa. If you intend to stay in the Netherlands, you’ll need to comply with the standard immigration rules. These rules can vary based on your nationality and the purpose of your stay. For instance, EU citizens have an easier process compared to non-EU nationals.
There’s no specific governmental authorization required for foreigners to buy property. The process is quite transparent and similar to that for Dutch citizens.

However, you’ll need to go through standard property purchase procedures, which include signing a contract, paying taxes, and registering the property. There’s no minimum investment requirement for buying property in the Netherlands. The market is open and you can invest as much or as little as you want. However, if you’re looking at obtaining residency through investment, different rules may apply.

Generally, there are no special rules or differences based on your nationality when it comes to buying property. The ease of obtaining financing might vary. EU nationals might find it easier to get a mortgage compared to non-EU nationals.

So, all-in all: the Netherlands does not place any restrictions on the purchase of property by foreigners, whether resident or non-resident. However, to get a mortgage you must live and be registered in the Netherlands. If you are from a country in the EU, EEA or Switzerland you do not need a visa to live or work in the Netherlands.

5. To what extent the land registrars’ controls in a deed of transfer the prohibitions imposed to foreigners to acquire land and buildings in your country?

There are no prohibitions imposed (specifically) to foreigners, buying or selling immovable property in the Netherlands, other than those arising from (European) regulations regarding the freezing or seizure of properties. In such a case, the transaction regarding the sanctioned person will not be processed due to an automated warning.

Furthermore, there is the possibility for local government to impose self-habitation when buying property (regardless the nationality of the buyer).

5.1. Do you only check if the transfer administrative authorization requirement is met, or do you also confirm that the authorization is valid? For example, do you consider property type, like rural or forestry classification, which might limit foreign transfers? Or do you verify the percentage of foreign land ownership in a specific area, especially if there are restrictions on the number of buyers or land size?

Not applicable.

5.2. What would happen if an authorization were needed, and it does not come with the title submitted for registration?

Not applicable.

5.3. What would happen in case a deed of inheritance in favor of a foreigner transfers property over land or buildings subject to limitations for foreigners’ acquisitions in your country?

Not applicable.

5.4. If the states have preemption right in case of transfer, would you reject the registration if no notification to the state to enhanced it right is done?

In all cases of transactions in the Netherlands, the (Dutch) Notary needs to add a written statement to the deed of transfer with regard to the existence or absence of a preemption right in favor of the local, regional or national government (in order to prevent market abuse/ to stimulate or regulate urban renewal/ to prevent forcing up prices / to prevent speculative and/or abusive transactions). This requirement is applicable for all transactions, including a transfer made by or in favor of a foreigner.

6. Do you expect any legal modifications on this issue?

No legal modifications on this issue is foreseen (at this moment).