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U bevindt zich op pagina: Terminology

Following is an overview of the many terms used in the real estate and valuation practise. Should you want further information feel free to contact Spirit Vastgoed.

Disclaimer: even though in the making of this website the greatest care has been taken, it is possible that certain pieces of information over time may have become obsolete/ are no longer current. Spirit Vastgoed is therefore not responsible for the consequences of decisions taken on the basis of information on this website.

Aankoopkeuring (English: purchase evaluation):

A technical building inspection in which the state of repair of the residence is examined. This gives an estimate of any repair costs..

Aftrekpost (English: deduction):

Costs that are tax deductible. If a residence is the main residence, then all costs of financing the property are deductible. For example, the commission, the valuation costs, the mortgage costs and the costs of acquiring the Nationale Hypotheek Garantie (National Mortgage Guarantee)

Afvalstoffenheffing (English: Garbage tax):

The garbage tax is a payment to cover the costs of the collection and disposal of household waste. Only households pay this tax. Businesses do not pay tis tax but must arrange for their own waste collection.

Tariff for Leidschendam-Voorburg 2016 (per annum):
garbage tax for single person households = € 276,72
garbage tax for multiple person households = € 338,76

Tariff for Den Haag 2016 (per annum):
garbage tax for single person households = € 233,88
garbage tax households of 2 persons = € 262,92
garbage tax households of 3 or more persons = € 287,64

Akte van levering (English: Deed of conveyance):

The deed that the transfers the ownership of the residence and is written by the notaris (equivalent of the solicitor) and signed. This deed is separate from the mortgage. It is sometimes also referred to as the transportakte.

Appartementsrecht (English: Apartment right):

One who has this right has a share in a building. That share gives the right of sole use of that specific part of the building. Further, the apartment right confers the right to use communal spaces such as stairways. The share and its associated right of usage together constitute the apartment right. This apartment right, unlike the membership right, is included in the cadastral register. Hence, one has the possibility of arranging one’s own mortgage. All of the apartment owners are together the owners of the entire apartment building or complex. Apartment right exists for residences as well as business or office spaces.

Bankgarantie (English: Bank guarantee):

A statement of guarantee from a Dutch bank. By means of this guarantee statement the bank guarantees that the purchaser can meet his obligations deriving from the purchase to the amount stated in the guarantee statement.

Bestemmingsplan (English: Zone plan):

A plan binding on citizens. It consists of a planning map, building regulations, explanations and running cost estimates. On the planning map a purchaser can see for what purpose the plot of land to be purchased may be used. In the building regulations are the allowed construction possibilities and purposes for which buildings may be used in that zone. It describes, for instance gutter heights, the contents of the structures, boundary lines, etc.

Bedenktijd (English: Cooling off period):

When you buy a residence you have a tree day cooling off period. During this period you can cancel the contract. The purchase is only completed when this is put in writing. The cooling off period begins at 0:00 hours (i.e. midnight) on the day after the transfer of the deed, signed by both parties, to the purchaser. The cooling off period ends at midnight of the last day of the period.

Bijleenregeling (English: Top up regulation):

A regulation through which the tax authority tries to encourage those already on the housing ladder not to reinvest the capital gains recouped from their old homes in their new homes. When the capital gain is not reinvested, then part of the new loan cannot be included in the mortgage deduction.

The top up regulation was changed as of 1 January 2010:

  • The cheaper home regulation ceased to exist. The complete capital gain made on the sale of a residence must be used for the purchase of the new residence. Up to 1 January 2010 part of the capital gain could have been used for consumption expenditure (if you moved to a cheaper residence), with no consequence to the mortgage tax deduction
  • The so-called owner occupier reserve remained in force for 5 fiscal years in the old situation. Thus if you renovated within 5 years of the purchase, and financed this with a mortgage, then the interest was not tax deductible. From 1 January 2010 the owner occupier reserve remains in force for three years.

Bouwdepot (English: construction account):

The part of the mortgage amount that is used to determine the payment instalments for the construction or renovation of a residence. The money is held in a separate account (depot). You receive interest on the amount held in the account.

Bouwtermijnen (English: Construction periods):

When you have a new house built, you must pay parts of the contract price or the purchase price in instalments. First for the land and later for the various construction periods. These payments are usually separated out via a separate account, the construction account.

Canon (English: ground rent):

The annual fee payed by the leaseholder to the owner of the land. The ground rent is based on the value of the land. A number of factors are considered in order to determine the value of the ground rent. These include the purpose and the location. The ground rent is determined by multiplying the value of the land by the rent percentage.
Ground rent = land value x rent percentage

Canonpercentage (English: Ground rent percentage):

The ground rent percentage is related to developments in interest in the capital market. When the interest on the capital market rises or falls then so does the ground rent percentage. The ground rate percentage is set each year by the town council for new leases and interim changes in leasehold law.

Canon fiscaal aftrekbaar (English: Ground rent is tax deductible):

The annual ground rent payment is deductible from income tax, unless the ground rent is surrendered. The surrender price is not deductible. However, the interest on any loan for the payment of the surrender price is deductible.

Courtage (English: Brokerage):

You are liable for the agreed amount when a real estate agent renders services as commissioned by you. The amount is agreed by you and the agent and recorded during the commissioning. The brokerage is exclusive of the legal purchase tax.

Economische huurwaarde (English: Financial rental value):

The price, that in an offer to rent, for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder.

Eigenwoningforfait (English: homeowner’s set fee):

As a homeowner the income from your own home section on the income tax form is applicable to you. This income is called eigenwoningforfait. It is calculated as a percentage of the set value of your home. The value of the residence is set by the municipality in which you live. For more information in Dutch see www.wozinformatie.nl/public/

Energielabel(English: Energy label):

In January 2015 all five million home owners, who up to then had no energy label, received by post a temporary energy label. This label is based, among other things, on the year of construction, and is intended to stimulate consideration of opportunities for comfortable and energy efficient residences. Upon the sale or new rental of the property the property bust have a final (i.e. no longer temporary) energy label. That can be done easily on-line and cost but a few euros. If the property lacks the definitive energy label the owner risks a fine of 405 euros, maximum.

If you sell your house, then you must let the buyer know what energy label your house has. Failure to do that can lead to a fine of up to 405 euros. Requesting an energy label costs a few euros. You can request an energy label on www.energielabelvoorwoningen.nl. It is done in six steps:

1. Log in with DigiD

2. Check the details about your residence and amend if necessary (up to 10 items).

3. Add evidence to the on-line residence file.

4. Select a recognised professional to check the evidence.

5. Send the details.

6. Receive the energy label (registration is automatic).

 

Read more on: Verkopers en energielabel.

Erfpacht (English: Ground rent):

Ground rent is a limited business right that gives the leaseholder the authority to use the real estate of another. The municipality (in most cases) owns the land and upon that land are structures that are owned by another.

Executiewaarde bij eigen gebruik (English: Execution value for owner occupiers):

The price, in the case of compulsory public sale according to common usage that the highest bidder would pay whereby it is assumed that the buyer with the auction report can achieve the evacuation of the property.

Executiewaarde in verhuurde staat (English: Execution value while rented):

The price, in the case of compulsory public sale according to common usage, when offered in a rented state (with the permission of the lender) that the highest bidder will pay.

Executiewaarde vrij van huur en gebruik (English: Execution while free of rent and use):

The price, in the case of compulsory public sale according to common usage, when offered free of rent and use. that the highest bidder will pay.

Gedwongen onderhandse verkoopwaarde, in verhuurde staat (English: Compulsory private sale value, in rented state):

The price that in the case of private sale within a limited sales period, upon offering in a rented state for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder, this not being the renter.

Gedwongen onderhandse verkoopwaarde, vrij van huur en gebruik (English: Compulsory private sale value, free of rent and use):

The price that in the case of private sale within a limited sales period, upon offering free of rent and use, for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder.

Herbouwwaarde (English: reconstruction value):

The amount necessary to reconstruct an insured building in the same location and for the same purpose immediately after the incident. Therefore, this is about the value of the building of the structures not including the value of the land. The reconstruction value is used as the basis for insuring structures.

Hypotheek (English: Mortgage):

A long term loan for which real estate (house and land) serves as collateral.

Hypotheekakte (English: Mortgage deed):

This document contains the agreements about the mortgage made between the buyer and the financial institute. Further, this document is offered to the Cadaster by the Notaris (equivalent of the solicitor) for entering into the cadastral register.

In onderhandeling zijn (English: In negotiations):

You are in negotiation only when the vendor responds to your offer, hence, as the vendor makes a counter offer. The selling real estate agent can also expressly that he is in negotiation with you. You are not in negotiations if the selling agent communicates that he will discuss your offer with the vendor.

Kadaster (English: Cadaster):

As (future) owner of a residence you have dealings – mostly through the notaris (equivalent of solicitor) – with the cadaster. For over 160 years the cadaster registers, saves and manages all important information related to legal data of real estate. Hence, the owner, position and the surface area are accurately recorded. Every year countless properties change ownership, often with construction. The conveyance deeds, made upon purchase and sale by the notaris, go along with other details such as the mortgage deed, to the cadaster. These details are accurately registered by the cadaster. A trustworthy registration of real estate is important as this protects the rightful owner and that there are no misunderstanding upon the sale and purchase of a house. You can get the following information about your property from the cadaster:

  • The position
  • The size
  • The legal owner
  • Whether there is a leasehold or other rights
  • The purchase price

Koopakte (English: Title deed):

In this document the verbal agreement of the purchase of the real estate is recorded.

Kosten Koper (English: Costs to the buyer):

Under costs to the buyer the costs are understood to be:

  • The transfer of the cadastral right to the new owner in the cadastral mortgage register
  • 2% transfer tax
  • Notarial costs for the execution of the “act of delivery”

Levering (English: Transfer):

The transfer is split into two parts:

  • In the legal transfer the property is put in the name of the buyer. This happens when the transfer deed is signed by the notaris and is deemed to be completed when this deed is registered at the cadaster.
  • The actual transfer (economic delivery) occurs with the handover of the keys.

Lidmaatschapsrecht (English: Right of Membership):

Right of membership gives you as member of the association the right to live in a residence. Further, you have the right to make use of the communal spaces. Membership is given by a specifically instituted cooperative apartment operating association (fev). A person who purchases such a right of membership may live in the residence as long as he likes. The legal ownership of the residence actually belongs to the fev and thus not to the owner of the right of membership.

Nationale Hypotheek Garantie (NHG) (English: National mortgage guarantee):

To have a mortgage with NHG a number of conditions apply. When you purchase a home you can get a mortgage with the NHG if the mortgage amount is less than or equal to the cost limit. The current cost limit is € 245.000. This is the maximum amount that you can borrow with the NHG to finance the purchase. This amount includes the additional costs such as the notarial costs, the surety provision and the transfer tax.

NHG calculates a standard 6% for these additional costs. This means that the purchase price of your residence, including any renovation costs cannot exceed € 231.132. Even if the additional costs in your case are lower than 6%, or if you have your own means, the maximum purchase price with the NHG remains € 231.132.

As of 1 January 2016 the (conditions and norms 2016-I) of the NHG apply. These are applicable to mortgage offers made from 1 January 2016.

For more information see: www.nhg.nl.

Onderhandse verkoopwaarde vrij van huur en gebruik (English: Private sale value free of rent and use):

The price that, in the case of private sale, upon offering free of rent and use, for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder.

Onderhandse verkoopwaarde, in verhuurde staat (English: Private sale value in rented state):

The price that, in the case of private sale, upon offering in a rented sate, for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder.

Ontstaan erfpachtrecht (English: creation of leasehold rights):

Leasehold rights come about when a municipality leases a piece of land. The municipality then makes an agreement with the future leaseholder. This agreement is recorded in a notarial deed and the deed is recorded in the public registers. Only after this recording of the deed in the public registers is the property considered to be leased to the leaseholder.

Ontbindende voorwaarden (English: Cancellation clauses):

These are conditions that can be included in the purchase deed. On the basis of a condition the buyer can cancellation the sales agreement without cost. A condition can be in the procurement of financing, the procurement of a housing permit, the procurement of the NHG, or the result of structural recommendations.

Optie (tegenwoordig: Voorkeur) (English: Option (now: Preference):

A right to a purchase agreement through a unilateral statement. A person who has this right is not obligated to use it.

Onder bod zijn (English: Under offer):

A promise by the agent of the vendor to a candidate not to pursue a transaction with anyone else. Viewings by other candidates remain possible.

Omzetten van lidmaatschapsrecht in appartementsrechten (English: Conversion of membership right to apartment right):

Through the conversion you become shared legal owner of the complex containing your residence. There is also a downside: for the conversion you must be assisted by a notaris and this will of course come at a cost.

Onroerende zaakbelastingen (English: Property taxes):

Property taxes (OZB) refer to a tax for the owner and a tax for the user of a residence or business. The OZB tariffs are calculated using percentages of the WOZ value. Leidschendam-Voorburg uses different tariffs for residences and non-residences. Here the determining factor is whether the property is mainly (70% or more) used as a residence or business.

Tariffs for Leidschendam-Voorburg 2016 (percentage of WOZ-value):
Residences:

  • Owners’ tax 0,09424%
  • Users’ tax cancelled

Non-residences

  • Owners’ tax 0,30203%
  • Users’ tax cancelled

 
Tariffs Den Haag 2016 (percentage of WOZ-value):
Residences:

  • Owners’ tax 0,0677%
  • Users’ tax cancelled

Non-residence:

  • Owners’ tax 0,2445%
  • Users’ tax 0,2063%

Overbruggingslening (English: Bridging loan):

Loan to cover double living expenses for the period in which you have both the old residence and the new one.

Overdrachtsbelasting (English: Transfer tax):

A tax on the purchase price (excluding the part of the purchase price that covers movable property) that is levied on buyer of real estate or real estate rights. The Cabinet has decided to lower the transfer tax from 6% to 2% in an effort to stimulate the housing and mortgage markets.

Overwaarde (English: Capital gains):

The positive difference between the residual debt on your current mortgage and the value of your residence upon its free sale.

Passeren (English: Execution:

The signing of the mortgage deed and the deed of delivery by both parties before the notaris.

Rioolrecht (English: Sewerage charge):

The sewerage charge is a levy that the owners of residences and business buildings pay for connection to the sewerage system. It is levied per independent residence or business building. It does not matter whether the property is large or small, every year the tariff is paid for each property.

Tariff Leidschendam-Voorburg 2015 (per annum):
sewerage charge for users (businesses and private individuals) to a maximum of 400m³
= € 135,48.
sewerage charge for users (businesses and private individuals) over 400m³
= € 0,29 (per extra m3)

Tariff Den Haag 2015 (per annum):
sewerage charge for users per annum per 500 m3 waste water (the first 500 m3 is free) (businesses and private individuals)
= € 185,17
sewerage charge for owners (per annum, per business)
= €135,37

Recht van overpad (English: Right of way):

Right that the owner of a yard has to pass through the yard or grounds of another. The other has the duty to tolerate this and to upkeep the ground. The right belongs to the real estate and remains in force upon its sale.

Roerende goederen (English: movable goods):

These are goods that the buyer can take over from the vendor that are not attached to the real estate.

Sleutelverklaring (English: Key statement):

This is constructed if the actual delivery (the handing over of the keys) takes place at an earlier time than the legal ownership transfer at the notaris. The buyer must see to it that he insures the property by the time of the actual delivery

Stadsvernieuwingsgebied (English: City regeneration area):

An area for which a city regeneration plan is in force or is being prepared. This means that the municipality intends to build new residences, or renovate old ones, in the area. To accomplish this the municipality must buy old properties and either demolish them or renovate them.

Splitsen in appartementsrechten (English: division into condominiums):

Horizontal division is the division of a property into separate, independent user units. These user units are called condominiums.

Taxatie (English: Valuation):

The verbalisation of a value judgement by an authorised person for a specified goal (e.g. for financing, inheritance upon death of a natural person, the determining of the real value in order to make an offer on a property offered for sale.)

Tijdelijke erfpacht (English: Temporary leasehold):

At the end of the agreed period the municipality gets the land back at their disposal. Temporary leasehold occurs much less frequently than permanent leasehold. Also, temporary leasehold can be converted to permanent leasehold, this is called conversion.

Transport (English: Transfer):

The legal hand over of the property at the notaris.

Vereniging van Eigenaren (English: Association of owners):

As the owner of an apartment right (condominium), you are by law a member of the association of owners (VvE). Along with the other owners the VvE looks after the communal interests in and around the apartment complex. The deed of division sets out what share of the entire building you have as owner.

Voortdurende erfpacht (English: Permanent leasehold):

A terrain is permanently leased. The municipality no longer has the land at its disposal. This is in contrast to temporary leasehold.

Vraagprijs (English: Asking price):

The asking price is an invitation to make an offer.

Vrij op Naam (v.o.n.) (English: Deed in hand/ no further charges):

If a house is offered for sale v.o.n. then the costs that would normally for the account of the buyer now be for the account of the vendor.

Waarborgsom (English: Deposit):

An amount that is deposited by the buyer as security that the buyer can meet his obligations.

Waarde in verpachte staat (English: Value in a tenanted state):

The price, that by long-term tenancy as meant in the Pachtwet (lease law), for the real estate in the most suitable manner and after the best possible preparation, would be paid by the highest bidder.

Woonquote (English: Housing expense):

Literally: “the living expense offset against gross income”. Money lenders use percentages as the maximum part of your income that you can use for the mortgage.

Zoekopdracht (English: Search commission):

A commission for guidance in the search for and purchase of a house for which the agent can charge brokerage. The content of commission depends on what the requester and the agent agree together.