Dutch Legislation

Chapter 9

in force

Voorkeursrecht

Environment and Planning Act (Omgevingswet) · Articles: 21

Section 9.1

Vestiging en gelding van een voorkeursrecht

9.1 Article 9.1

The municipal council, the provincial council or Our Minister of Housing and Spatial Planning may, by way of a pre-emption right decision, establish…

9.2 Article 9.2

No municipal right of pre-emption may be established on an immovable property on which a provincial right of pre-emption has been established.

9.3 Article 9.3

A right of pre-emption may not be established again on an immovable property by the same administrative authority on the same legal basis within two…

9.4 Article 9.4

A right of first refusal shall lapse:

9.5 Article 9.5

If a right of pre-emption no longer satisfies the requirements set out in Article 9.1, paragraphs one and two, or if the decision establishing the…

Section 9.2

Vervreemding na vestiging van een voorkeursrecht

9.6 Article 9.6

The competent authority as referred to in this Section shall be designated as:

9.7 Article 9.7

An alienator shall not proceed to alienation until he has provided the legal person in whose name the right of first refusal has been established…

9.8 Article 9.8

Article 9.7 does not apply to alienation:

9.9 Article 9.9

Article 9.7 does not apply to the alienation by reason of an agreement regarding the immovable property or an agreement containing an obligation for…

9.10 Article 9.10

Article 9.7 does not apply to the alienation if the competent authority has decided to grant this upon the request of the alienator on the basis of…

9.12 Article 9.12

If the alienator intends to proceed with alienation and Article 9.7 is applicable, he shall invite the competent authority to enter into negotiations…

9.13 Article 9.13

The competent authority shall decide within six weeks of receipt of the invitation whether the municipality, the province, or the State…

9.14 Article 9.14

After having issued the invitation, the alienator may proceed to alienate the property specified in the invitation to third parties during a period…

9.15 Article 9.15

This section applies to an asset for which an invitation as referred to in Article 9.12, paragraph 1, has been issued.

9.16 Article 9.16

If the competent authority is in principle prepared to purchase the property or to acquire it on the basis of another title, and negotiations are…

9.17 Article 9.17

The alienator may proceed with alienation to third parties during a period of three years from the moment that:

9.18 Article 9.18

The alienator may petition the court to determine that the legal entity in whose name the right of first refusal has been established is, due to…

9.19 Article 9.19

The alienator may proceed with alienation to third parties during a period of three years after the judicial decision, by which the petition referred…

9.20 Article 9.20

The competent authority shall cooperate in the execution of a notarial deed for the transfer of the property against payment to the alienator of the…

9.21 Article 9.21

Registration in the public registers of a deed of alienation, other than to a municipality, a province or the State, shall only take place if a…

9.22 Article 9.22

A municipality, a province or the State may invoke the nullity of legal acts that have been performed with the manifest intent to prejudice a right…