In a dispute with a developer, first establish which business has which obligation. The name on the site board need not be the same as the seller of the land or builder of your home. Collect every signed document and connect your complaint to the right agreement. A construction lawyer can assess whom to approach if parties refer you to each other, the building plan changes or a solution has financial consequences. This guide concerns private purchases in new-build developments in the Netherlands.
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1. Map the project roles
Begin with an overview of seller, developer, contractor, selling agent and any guarantee provider. Record each full legal name from the contract. A developer may sell land, organise work or undertake construction obligations itself. Documents and communications must establish the role actually agreed. A shared logo or contact person does not by itself provide sufficient clarity.
Show next to each name which document that party signed and the performance you expect from it. Add payment recipients and invoices received. If uncertain, ask in writing who communicates on whose behalf. This prevents the substantive complaint from stagnating because your message reaches only an intermediary unable to decide on execution.
2. Read the sale and construction agreements together
Notaris.nl explains that purchasing a new-build home generally involves buying land and an agreement to build the home. These arrangements may appear in a combined document. Examine both parts, including appendices and amendments. Investigate separately who must arrange transfer and who is responsible for the agreed construction work, scheduling and handover of the project element.
Find provisions connecting the agreements. Examples include conditions for construction commencement, consequences if land transfer does not proceed and references to general terms. Do not assume a problem under one agreement automatically ends every obligation under the other. Have their relationship assessed before signing a termination or amendment.
3. Link each complaint to a specific promise
Describe precisely what differs from expectations: a relocated storage room, changed material, missing facility or altered landscaping. Attach the drawing, technical description or written promise underpinning the expectation. Identify document date and version. Merely stating the project is disappointing makes it difficult for the other party to assess the particular agreement you want performed and why you believe it applies.
Retain sales information and agent messages too. Whether such information gives rights in your situation requires assessment of its content, reservations and circumstances. Do not state in advance that every image is a firm guarantee. Explain instead what you received before signing, which questions you asked and which answer influenced your choice of home.
4. Request the right party’s written position
Send an organised complaint to the party that, according to the documents, bears the relevant obligation. State the building plot number, contract and requested solution. If two businesses refer you to each other, compare those referrals and ask each to explain its own role. A joint discussion may help, but clarify which business is expected to answer substantively.
Avoid a general accusation against everyone involved in the project. Distinguish for each party an information request, complaint and possible liability claim. Before a significant next step, assess which formal notification is needed. Keep the sent message, attachments and proof of receipt so it remains clear which issue was raised with whom and when.
5. Treat a proposed variation as a new decision
A developer may propose altered execution, compensation or a replacement facility. Request a description of consequences for quality, use, price and schedule. If needed, have an independent expert investigate technical questions. An adjustment appearing minor on a small drawing may substantially affect daily use, for example through different access to storage.
Also read the conditions attached to the solution. Approval of a material change may accompany a broader declaration concerning remaining complaints. Record which matters you do and do not wish to settle and request a complete text. An oral promise at a residents’ meeting is no practical substitute for clarity about the eventual written agreement and responsible contracting party.
6. Check guarantees and shared interests separately
Locate any warranty certificate, applicable scheme and business named in it. Notaris.nl’s explanation refers to guarantees for non-performance or bankruptcy. However, what assistance your own scheme provides must be tested against the specific certificate. A commercial project name or general reference to security does not yet clarify which contract, home and event actually fall within the scheme.
If several buyers share a complaint, pool technical information and common questions. Keep individual agreements and payments recognisably separate. For apartments, the distinction between private and shared parts may also matter. Agree who communicates for whom and what authorisation exists. A joint letter does not automatically mean every buyer has the same claim or is bound by every later settlement proposal.
7. Fictional example: seller and builder refer to each other
A buyer expects covered bicycle storage based on a sales drawing. The land was bought from a project company; another business builds the home. The developer refers to the contractor and the contractor to the seller. This fictional example does not establish that bicycle storage was contractually promised or which business would be legally responsible.
The buyer collects both agreements, the appendix list and messages about the bicycle storage. Investigation then identifies the project element under which the facility falls and which party undertook an obligation concerning it. Only then is a focused solution requested. This reduces a whole-project dispute to an identifiable performance, associated documents and the party that must respond.
8. Make the next step workable and clear
Give the lawyer a timeline, party overview, complete contracts and latest proposals. Identify your practical objective: provision of a facility, amendment of an agreement or assessment of compensation. Mention upcoming payments, transfer and handover too. Such events may affect the approach needed without one general route being suitable for every new-build dispute.
Ask beforehand which documents are missing, whether technical investigation is needed and who will take over substantive correspondence. Test possible proceedings or a contractual dispute mechanism against the correct agreement. Keep the eventual solution with the original documents. This preserves clarity about the obligation amended, who performs it and any matters remaining open after agreement.
Frequently asked questions
Is the property developer always my contractor?
No. Check which legal entity undertook the construction obligation and the developer’s role under your agreements.
Can I write only to the selling agent?
That may help obtain information, but ensure a substantive complaint also reaches the responsible contracting party.
Does a construction dispute also terminate the land purchase?
Not automatically. Have the relationship, conditions and consequences of both contracts assessed before agreeing termination.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- ACM ConsuWijzer — niet goed uitgevoerd werk Accessed: 2026-10-23
- Koninklijke Notariële Beroepsorganisatie — een nieuwbouwwoning kopen Accessed: 2026-10-23
Legal review
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Editorial team Construction law in the Netherlands
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