Sale and subdivision in the
Netherlands
COST G9 WG2 Meeting,
Székesfehérvár, Hungary, 2-3 September 2004
Jaap Zevenbergen1
Sept. 2, 2004
1
Vermelding
1) OTB, Delft
onderdeel
University
organisatie
of Technology,The Netherlands
Agenda
1.
2.
3.
4.
5.
6.
Description
UML Activity Diagram
Stakeholders
Costs
Developments
Conclusions
Sept. 2, 2004
2
Description (pure sale)
•
•
•
•
•
•
•
•
form free contract (r-e agent might be involved)
buyer looks for credit
notary gets involved
does some searches, draws notarial deed
signing of notarial deed (present or represented)
notary signs ‘authentic’ copies (one to be registered,
one ultimately for the buyer)
notary registers notarial deed
archived in public registers, cadastral database updated
Sept. 2, 2004
3
Description (subdivision)
•
•
•
•
•
•
•
first half not really different
• contract and deed contain description of part that is
being sold (can be verbal, sketch, and even vague)
after deed is registered, agency surveyor is informed
puts in his ‘stock pile’
when triggered, invites parties for a certain date
parties point out boundary, surveyor takes notes
if agreement and in line with deed: surveys it
updates map and cadastral database; archives notes
Sept. 2, 2004
4
A formal description of subdivision The Dutch case
•
•
•
http://costg9.plan.auc.dk/UseCases/UseCasesSubdivisio
n.html
or local
joint effort (me, Jantien and Dutch Cadastre)
Sept. 2, 2004
5
UML Activity Diagram
•
•
first drawn in power point
also drawn in Poseidon for UML (zargo)
•
uml subdivision
Sept. 2, 2004
6
UML Activity Diagram
•
•
second version with stakeholders as columns
gives interesting first glance comparison
•
UML stakeholders
•
uml stakeholders (doc)
Sept. 2, 2004
7
Costs
•
•
•
•
•
not easy to determine
fee of the private practitioners is not (no longer)
regulated: price competition
real estate agent: 2-3% of sales price, seller has one
most of the time; buyer regularly also
expensive is obligatory notary: € 1000 - 2000 for a
house around € 200,000 (average in the West)
recordation fee € 75 + 42 for searches (incl. VAT) for
deed + € 94 + 42 for mortgages + €442/new parcel
Sept. 2, 2004
8
Developments
•
•
•
•
•
‘consumer protection’
• buyer a natural person not acting as a
professional: contract needs to be in writing +
three day re-think time
‘Vormerkung’/priority note: register contract
registration by notary soon electronic
on-line searches in public registers (scanned)
competition among notaries: quality under pressure
Sept. 2, 2004
9
Conclusions
•
•
•
•
•
relatively simple procedures (and fast)
pivotal role for notaries, rather expensive
legal-dogmatic weakness of system no issue in
practice due to cooperation notary and Cadastre Ag.
price competition notaries puts pressure on quality
ultimately need to rethink system ? (also in EU
context) ???
Sept. 2, 2004
10