Duty to investigate when buying a house in the Netherlands

When buying a house in the Netherlands, you have a duty to investigate the property’s condition, known as the onderzoeksplicht. This means checking for potential defects and asking questions about possible risks before purchasing. Understanding your responsibilities can help you avoid unexpected costs and make informed decisions.

Discuss your mortgage options

Understanding your responsibilities as a buyer

What should you investigate before buying a property?

Your duty to investigate concerns the property’s physical condition and relevant legal restrictions. Important checks include:

Maintenance and defects: look for signs of damp, leaks, cracks or foundation problems.
Property information: review the seller’s questionnaire and ask about previous repairs, renovations and known defects.
Legal restrictions: check for leasehold (erfpacht), rights of way and other obligations. When buying an apartment, review the homeowners’ association (VvE) documents.

If you notice warning signs or receive unclear information, further investigation may be necessary. The extent of your duty depends on the circumstances. For more tips, read our guide on preparing for property viewings.

Understanding building inspections

Is a building inspection mandatory in the Netherlands?

A building inspection (bouwkundige keuring) is not generally required by law, but it can help identify defects and estimate repair costs, especially for older properties.

A mortgage lender may require an inspection report. Under NHG rules, for example, a building report is required in certain cases where the valuation identifies serious maintenance problems, a poor building condition or the need for further investigation.

Learn more about property viewings and inspections

A selection of our trusted partners

Our partners

The impact on your financing

How can the property's condition affect your mortgage?

Serious defects or maintenance issues may affect your property’s valuation and mortgage application. Your lender may request additional information or require arrangements for necessary repairs.

Dutch mortgages are generally limited to 100% of the property’s market value, subject to certain exceptions. Eligible repair or improvement costs may be included through renovation financing, potentially using a construction deposit (bouwdepot).

Whether this is possible depends on your borrowing capacity, the valuation and the lender’s requirements.

Mortgage advice for expats

Get mortgage advice before buying a property

Buying a home involves more than finding the right property. Understanding how its condition may affect your mortgage options can help you prepare for the purchase.

At FVB de Boer, we help expats understand their mortgage possibilities and assess how potential renovation costs may affect their financing.

Schedule a mortgage consultation

Frequently asked questions about

The duty to investigate

Does the seller have to disclose defects when selling a house?

Yes. Sellers in the Netherlands have a duty to disclose (mededelingsplicht), meaning they must inform buyers about relevant defects they know about. However, buyers still have their own duty to investigate the property’s condition and ask questions if they notice potential problems.

What happens if you discover hidden defects after buying a house?

If you discover hidden defects after the property transfer, the seller may be liable in certain circumstances. This depends on factors such as the nature of the defect, what the seller knew, whether you fulfilled your duty to investigate and the terms of the purchase agreement. You should notify the seller as soon as possible.

When should you investigate a property’s condition?

You should investigate the property’s condition before committing to the purchase. Ideally, any necessary building inspection should take place before signing the purchase agreement. Alternatively, you may agree on a building inspection clause that allows you to withdraw under specified conditions if serious defects are discovered.

View all FAQs