First Refusal Rights

Rights of First Refusal in the Environment and Planning Act

Establishing a 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 right of first refusal under the Municipalities (Preferential Rights) Act (Wet voorkeursrechten gemeenten), this Act has been repealed with effect from 1 January 2024 and has merged into the EPA system.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 Rights of First Refusal 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. 

If you have any questions, please do not hesitate to contact one of our experts: Rick van der Hulle, Luurt Wildeboer, Ronnie Bloemberg, Klaas Valkering or Kateh Hagen.