Nederlands

Huisdoc › Blog › Checking a ground lease when selling a home

Checking a ground lease (erfpacht) when selling a home: four questions

With a ground lease (erfpacht) the land belongs to someone else, often the municipality, and the home owner pays a fee for it: the ground rent (canon). If the home is on a ground lease, answer four questions: which type of ground lease is it, has the ground rent been paid off and until when, which general terms apply, and when will it be revised? The Kadaster ownership information shows whether a ground lease has been established; the details are in the deed and the applicable general terms.

Ground lease in four questions: which type, ground rent paid off, which general terms, when revised
Four questions about a ground lease.

Where to find the information

1. Which type of ground lease?

A temporary ground lease ends on the date stated in the deed. A continuous ground lease runs in fixed periods; at the end of a period, the ground rent may be reviewed under the applicable terms. A perpetual ground lease has no end date, although the ground rent may still be indexed if the terms provide for this.

2. Has the ground rent been paid off, and until when?

If the ground rent has been bought out until a specified date, the owner pays no annual ground rent until then. After that, ground rent becomes payable under the deed and the applicable terms unless it is bought out again. A buyer wants to know that date, because housing costs can change afterwards.

3. Which general terms apply?

The general terms (algemene bepalingen, AB) set out rights and obligations. In Amsterdam, AB 2016 were drawn up for perpetual ground leases, while AB 2000 are the most recent general terms for continuous ground leases. The deed determines which version applies, and older terms remain in use.

4. When is it revised?

Check when the lease period or buy-out period ends and what the deed says will happen then. The ground rent may be reviewed or may become payable again.

Amsterdam, The Hague, Utrecht and Rotterdam

Ground lease and the mortgage

NHG may accept a home on a municipal ground lease if the NHG conditions are met. Any ground rent due is included in the financing burden. Additional requirements must be checked for leasehold rights created before 1992. Have the buyer discuss this with their adviser in good time.

Ground lease in Huisdoc

Add the deed to the property dossier and ask: “Until when has the ground rent been paid off?” The answer names the page in the deed, so you can read it yourself before passing it on to a buyer.

Chat in Huisdoc asking whether the home is on a ground lease, with an answer citing the deed of division page 14
Example: a ground lease question with its source (made-up data, Dutch interface).

Smart costs €69 and Wise €99 per user per month, excluding VAT. The first week is free. A team of five or more? You get a custom office price. Ask for an office price.

Start your free week

Frequently asked questions

What is the difference between a continuous and a perpetual ground lease?
A continuous ground lease runs in periods, with a new ground rent at the end of each period. A perpetual ground lease has no end date.
Where can I see whether a home is on a ground lease?
In the Kadaster ownership information, under rights. The conditions are in the ground lease deed.
What does 'ground rent paid off until' mean?
It means that the owner pays no annual ground rent until that date. After that, ground rent becomes payable under the deed and the applicable terms unless it is bought out again.
Does the ground rent count for the mortgage?
Any ground rent due is included in the financing burden under the applicable NHG rules.

Sources (Dutch)

This article is not legal advice. Ground lease rules differ per municipality and per deed. If in doubt, ask the municipality or the notary.