Procedure

General

Biedboek.nl includes the range of real estate, operating rights and commercial rights (e.g. rental, leasehold, ground lease, building rights, etc.) available from the Central Government Real Estate Agency.

You can find more information on the procedures that are followed for sales and issuances below.

Sales Process

The Central Government Real Estate Agency uses a range of sale procedures. A brief explanation of the sale procedures that are employed by the Central Government Real Estate Agency is provided below.

Public sale with/without preselection and (un)conditional bids
Under this sale procedure, the Central Government Real Estate Agency offers interested market parties the opportunity to submit an unconditional bid or to make a bid with certain conditions attached.

There are several variants of this type of sale procedure - for example there may or may not be a preselection phase. Where applicable, a preselection is made from the interested parties on the basis of quality or financial/administrative requirements, for example. Certain reference requirements may also apply (for example, experience with similar projects). The parties selected are invited to submit a bid after the preselection phase.

Depending on the exact procedure used, in many cases a potential buyer will be able to submit both an unconditional and a conditional bid. A procedure involving conditional bids means that the government enables the market to mitigate a certain proportion of the risk associated with the development, with the Central Government Real Estate Agency remaining liable for this portion of the risk.

When all the conditional or unconditional bids have been submitted, they are evaluated in terms of acceptability. The Central Government Real Estate Agency looks primarily at the risks associated with the conditions associated with the bids in relation to the amount that has been offered. It will then determine what constitutes an acceptable bid and whether the object can be awarded, taking into account the necessary Bibob procedure

The purchase agreement can be signed after the terms have been finalized. The market party will then be given time to make any applicable conditions unconditional.

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Market Initiative
One of the newest sales procedures introduced by the Central Government Real Estate Agency is known as the market initiative. This method is based on market demand rather than on the supply available from the state. Under a market initiative it is possible to submit a bid on an object selected by the Central Government Real Estate Agency when it suits you. Upon receiving an acceptable initial bid, the Central Government Real Estate Agency will initiate a process in which other interested parties are also given the opportunity to make a bid. Acceptance is based on which bid is the most favourable - taking into account the necessary Bibob procedure.

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Sale through the real estate agent
The final method of sale involves commissioning the services of a real estate agent. This procedure is usually chosen when local market knowledge and networks can achieve a high degree of added value. It is often used for objects such as shops and homes. Residential properties and office villas may either be sold by an agent or by public tender. In a sale through the real estate agent is also Bibob procedure applies.

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Issuance Process

In addition to selling surplus government-owned real estate, the Central Government Real Estate Agency also makes real estate (land, water and buildings) available for usage by third parties. Sometimes this is done at the request of an interested party, but in the majority of cases a public tender process is used, under which all parties have an equal chance of success and the issuing price is based on current market prices.
Information on rights that are currently being offered under the open procedure can be found on this website.
The Central Government Real Estate Agency uses various types of (standard) agreements, such as ground leases, building rights, leases, rental and loan. The type of agreement that is used depends on the property and the usage(s) that are involved. The issuance period will depend on the type of agreement and will be listed on the project page. The General Terms and Conditions form an integral part of the agreement.

Below is a brief explanation of the issuance procedures used by the Central Government Real Estate Agency.

Auctions for fuel stations
Since 31 July 2005, the law has imposed requirements relating to the issuance of rights for locations where fuels can be sold. The aim of the relevant legislation is to increase price competition and enable more parties to participate in the market for the sale of fuel alongside public highways maintained by the government. These aims were the result of a project entitled ‘Market Forces, Deregulation and Legislative Quality in the Gasoline Market’. The government seeks to achieve these goals by auctioning tenancy rights for a period of 15 years for all fuel station locations alongside public highways (of which there are around 250) according to a fixed schedule. The locations of the state’s existing counterparties have been allocated proportionately for each counterparty, taking into account both volume and regional distribution. The schedule for the auctions is published annually in the Official Gazette.
These auctions are public, objective, transparent and non-discriminatory, and meet the requirements of both national and European law. A lease agreement is signed with the party which submits the highest bid for the lease. The ‘dominant position arrangement’ means that, as much as possible, the state’s existing counterparty does not benefit disproportionately from its current position. In order to take part in the auction, an application must be submitted by the deadline specified. Participants are required to pay an entrance fee of € 1.500 in advance. All the information available will be summarized in a bid book for each location. A bid book can be purchased for € 100.

Leaseholds
Since 2013, wherever possible, the state has been offering agricultural land for which the lease has expired by means of a public tender. This means that the liberalized lease is allocated in a manner that is public, objective, transparent and non-discriminatory. This enables the state to meet the requirements of both national and European law. This also applies to floodplain land near rivers.

Liberalized leasehold is a form of leasehold that is based on article 397, Paragraph 1, Book 7 of the Dutch Civil Code. This form of leasehold remains valid for up to six years, excludes a number of articles of leasehold law, and the leasehold sum can be freely agreed between the parties involved. The Leasehold Sum Decision is not applicable.

The state concludes a lease with the party that makes the highest bid for the leasehold land specified in the tender (provided the bid is acceptable). The leasing party may not specify any caveats or terms and conditions and must be registered as an agricultural entrepreneur with the Chamber of Commerce.

In order to participate in the tender, parties must submit their bid in a sealed envelope before a pre-specified date and time. All the information available is summarized in a bid book for each location and placed on the Central Government Real Estate Agency’s website www.biedboek.nl. It is also advertised in a number of free local newspapers.

Once the tender has closed and the award has been made, a press publication will follow to announce the results of the tender process.