First refusal rights

First refusal rights

Rights of First Refusal in the Environment and Planning Act

Establishing a pre-emption right (governmental right of first refusal) is a useful method for the authorities to avoid land prices being driven up or an area’s development being obstructed by persons’ or entities’ occupation of land holdings.

Whereas, until recently, public authorities could establish a pre-emption right under the Municipalities (Preferential Rights) Act (Wet voorkeursrechten gemeenten), this Act has been repealed with effect from 1 January 2024 and has merged into the EPA system.

Our Pre-Emption Rights factsheet discusses how rights of first refusal can be created under the EPA and explains the extent to which the new procedure differs from the situation as it existed before the EPA entered into force.

Download factsheet first refusal rights

The factsheet is available in Dutch. If you would like an English translation, please contact [email protected].

Environment & Planning
In a place as densely populated as the Netherlands, it is common to see small areas of land with many different functions and uses. Environmental law regulates the complex distribution of available space. This area of law is constantly changing due to new national and European laws and regulations, new building techniques and societal developments.
Environment & Planning Act
The Environment Act covers the space in which people live, work and relax. This new law merges old laws and contains rules for what can be seen, heard and smelled outside.
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