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ARTICLE · 15 JULY 2024

Case Law Affecting Real Estate Developers

Osborne Clarke LLP
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A building plot (bouwterrein) is defined as "undeveloped land that is (apparently) intended to be developed with one or more buildings". On 9 February 2024...

NetherlandsTax
Cees Graafland
Cees Graafland
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Building plot – undeveloped land (1)

A building plot (bouwterrein) is defined as "undeveloped land that is (apparently) intended to be developed with one or more buildings". On 9 February 2024, the Dutch Supreme Court ruled that a plot of land with a 96-meter-long wall qualified as "undeveloped land" for Dutch value added tax (VAT) purposes because the wall was, according to the Supreme Court negligible (verwaarloosbaar) compared to the rest of the undeveloped land.

In the judgment, the Supreme Court followed the following step plan to determine whether a property (with one or more "old" buildings thereon) can be regarded as "undeveloped" or not:

  1. Does the undeveloped land belong to or serves the "old" building(s) (that is, the wall)? If so, the whole plot should be regarded as developed.

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