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Building inspection in purchase contract – what do you need to know?

Vanaf 1 februari staat in het koopcontract voor huizen standaard een bouwkundig voorbehoud. Dat betekent dat de koper de koop kan afblazen als bij een bouwkundige keuring ernstige gebreken worden aangetroffen of herstelkosten boven een afgesproken maximum komen. Kopen onder voorwaarde van een bouwkundige keuring is altijd aan te raden! De woningmarkt is oververhit en daarom nemen mensen snel een beslissing. Een bouwtechnische keuring in het koopcontract kan vervelende verassingen voorkomen.

'If the buyer is not granted the reservation, then he or she is at least aware of the potential risks that this entails.'

The technical inspection clause is already widely used by homebuyers, but they currently have to take the initiative to have it added to the purchase contract. This is being reversed: it will now be included by default, and the buyer and seller can both decide to remove it. Adding the building inspection clause to the purchase contract is a step in the right direction toward better protecting consumers during the homebuying process.

Aware of risks

According to the stakeholders, in cities with an overheated housing market like Amsterdam, hardly any purchase contracts are currently being signed with a building reservation, and that's unlikely to change anytime soon. "Sellers there don't want that; they say, 'There are three others who want to buy it without a reservation.' They're not interested in a buyer who, after an inspection with a list of defects, wants to renegotiate the price."

It's unknown what proportion of contracts already include a condition, but the VEH, for example, estimates that outside cities like Amsterdam and Utrecht, it's included in slightly less than half of all contracts. It's often very tempting to opt for the largest possible home when house hunting. However, the money you spend on the extra square footage can't be spent on maintenance or renovation. Also, pay attention to the energy label to avoid excessive energy costs later on. So, make a good budget plan for your house hunt, and try not to omit the building inspection requirement!

Buying a house subject to conditions

Buying with a conditional purchase agreement means they're buying the property under the condition that the mortgage is approved and the building inspection reveals nothing untoward. However, more and more people are avoiding buying with a conditional purchase agreement because they want to be the ones who "get" the house. After all, the seller doesn't like conditions that allow the buyer to back out of the deal. However, the building inspection requirement is there to protect you as a buyer. Buying a home is often the most expensive purchase of your life. You don't want to be faced with any surprises later on.

The new model purchase contract still allows for the cancellation of a purchase subject to a reservation. However, in the new situation, this right must be explicitly omitted from the model contract. This should raise buyer awareness. The standard contract also highlights the risks of omitting a purchase subject to a reservation.

With the new model purchase contract, it remains possible to refrain from purchasing subject to conditions.

Sellers are increasingly able to impose such requirements, as the housing market is often crowded. Minister Ollongren (Home Affairs) wants to discourage this practice because it entails many risks for the buyer. She therefore sees this agreement "as an important step towards better protecting consumers in an often tight housing market." However, the requirement for a building inspection is not mandatory. The buyer can decide not to include a building inspection as a requirement in the purchase contract, but the risks are then borne by the buyer.

Would you like to make an appointment for a building inspection?

The cost of a building inspection (up to 250 m²) is only €489 including VAT. We'll conduct a comprehensive building inspection and you'll receive a building report. Do you have any questions? We're happy to help and can schedule an appointment with an expert inspector right away if you wish!

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