Snagging in the Netherlands: the oplevering and the 5% rule
In the Netherlands the handover of a new home is the oplevering, and the defects found are written on the proces-verbaal van oplevering — the opleverlijst. Many buyers hire an independent inspector (opleverkeurder) to come with them, and builders are used to it.
The oplevering
You walk the home with the builder, room by room, and every defect goes on the report. Both sides sign, and the builder agrees to put the listed items right. Take your time: what is not on the report becomes harder to claim later.
The 5% rule
Consumers buying a new home from a builder have a strong lever: if there are defects at handover, you may hold back up to 5% of the contract sum and deposit it with the notary until they are fixed. In practice that small percentage is a powerful reason for the builder to finish the list. Ask your notary how it works before the day.
The maintenance period and warranties
- Three-month onderhoudstermijn. Most new-build contracts include a maintenance period of three months after handover, during which the builder fixes defects reported to it. Report everything new in writing within this time.
- Woningborg or SWK warranty. Most new homes are covered by a warranty scheme. Woningborg's, for example, runs six years for most defects and ten years for serious structural defects, with an independent inspector and a disputes committee if the builder will not act.
Since 2024 the Dutch building quality act (Wkb) has also made contractors more clearly liable for hidden defects found after handover — which makes a careful, photographed record at the oplevering even more useful.
This is a general guide, not legal advice. Periods and rules change, and your own contract can add to them — check it, and take professional advice before relying on a deadline.