Vermelding onderdeel organisatie Sept. 2, Sale and subdivision in the Netherlands Jaap Zevenbergen 1 1) OTB, Delft University of Technology,The Netherlands COST G9 WG2 Meeting, Székesfehérvár, Hungary, 2-3 September 2004

Sept. 2, Agenda 1.Description 2.UML Activity Diagram 3.Stakeholders 4.Costs 5.Developments 6.Conclusions

Sept. 2, Description (pure sale) form free contract (r-e agent might be involved) buyer looks for credit notary gets involved does some searches, draws notarial deed signing of notarial deed (present or represented) notary signs ‘authentic’ copies (one to be registered, one ultimately for the buyer) notary registers notarial deed archived in public registers, cadastral database updated

Sept. 2, Description (subdivision) first half not really different contract and deed contain description of part that is being sold (can be verbal, sketch, and even vague) after deed is registered, agency surveyor is informed puts in his ‘stock pile’ when triggered, invites parties for a certain date parties point out boundary, surveyor takes notes if agreement and in line with deed: surveys it updates map and cadastral database; archives notes

Sept. 2, A formal description of subdivision - The Dutch case n.html n.html or local joint effort (me, Jantien and Dutch Cadastre)

Sept. 2, UML Activity Diagram first drawn in power point also drawn in Poseidon for UML (zargo) uml subdivision

Sept. 2, UML Activity Diagram second version with stakeholders as columns gives interesting first glance comparison UML stakeholders uml stakeholders (doc) uml stakeholders

Sept. 2, Costs not easy to determine fee of the private practitioners is not (no longer) regulated: price competition real estate agent: 2-3% of sales price, seller has one most of the time; buyer regularly also expensive is obligatory notary: € for a house around € 200,000 (average in the West) recordation fee € for searches (incl. VAT) for deed + € for mortgages + €442/new parcel

Sept. 2, Developments ‘consumer protection’ buyer a natural person not acting as a professional: contract needs to be in writing + three day re-think time ‘Vormerkung’/priority note: register contract registration by notary soon electronic on-line searches in public registers (scanned) competition among notaries: quality under pressure

Sept. 2, Conclusions relatively simple procedures (and fast) pivotal role for notaries, rather expensive legal-dogmatic weakness of system no issue in practice due to cooperation notary and Cadastre Ag. price competition notaries puts pressure on quality ultimately need to rethink system ? (also in EU context) ???