After the civil-law notary
The law requires the notary to register a copy of the document with Kadaster. This process not only consists of registering the document but also of processing essential elements in the registrations kept by Kadaster (Basisregistratie Kadaster) about what has been agreed between the parties in the document. This entire process is subject to objection and appeal.
When buying a house, buyer and seller agree on the purchase price and other conditions, to be stipulated in a contract of sale. To transfer ownership, this contract of sale has to be succeeded by a deed of transfer that has to be recorded in the land register (kept by Kadaster). The deed of transfer can only be drafted and executed by a Dutch civil-law notary. After executing the deed, the civil-law notary will send an electronic copy of the deed to Kadaster.
Entry in the public registers
The Law (Dutch Civil Code) provides that recording a copy of the notarial deed in the public register is a final mandatory step for events leading to a change in the legal status of registered property. If such recording in the public registers does not take place, the intended legal attribute does not take effect. After the civil-law notary has electronically sent the copy for registration, the land registrar shall verify that the received document meets the conditions for recordation. These conditions are laid down in national laws and (European) regulations. The registrar shall, inter alia, be the one who is officially responsible for the acceptance or refusal of the deed. The aim of obtaining the recording is to maintain a high level of legal certainty in the property chain.
Update of the Kadaster Basic Registration
In the Netherlands, the Government applies a system of Key Registers. A base register is a register that is officially appointed by the government containing high-quality data, which data have to be used by all public authorities, without further investigation, in the performance of public-law tasks. Within this system, public authorities share data with each other for the performance of their tasks. The Kadaster Base Register (BRK) has been appointed as one of the base registers . Once a document has been recorded in the public register, the BRK is updated with information from this document. Thus, it becomes clear that a change has been made to the legal status of a registered property.
Notification and beyond
Once the registrar has updated the BRK with data from the recorded document, a notification is sent to stakeholders to inform them of this update. It is possible to object to this decision.
Objection and appeal
As a general rule, a decision on the objection will be made within 6 weeks of the end of the objection period. If need be, a hearing shall be organised in which stakeholders may present their views orally. The substantiated decision on the objection shall be communicated to the stakeholders in writing. Stakeholders can check the basis on which the decision was taken in the decision.
The decision on the objection shall state whether an appeal is possible, to which authority they should turn to and the time limit for doing so. The appeal shall be subject to the submission of a notice of appeal stating the grounds on which the appeal is based.
For more information please check the website of Your Europe.
Last update of this page: November 14th, 2021