Healthcare Real Estate

The healthcare sector in the Netherlands is constantly developing. Instead of a construction regime, a normative system of financing capital burdens has been in place for quite some time. The Exceptional Medical Expenses Act (AWBZ) has been replaced by the Long Term Care Act (Wlz). Less demanding forms of healthcare from the former AWBZ Act have been transferred to the Social Support Act 2015 (Wmo 2015) and the Healthcare Insurance Act (Zvw). Municipalities are playing an ever greater role.

The introduction of market forces in healthcare has had considerable consequences for the sector. Healthcare institutions are acquiring ever more tasks and authorities, and the resultant legal risks. In the future, healthcare institutions will themselves be responsible for financing, realising and operating healthcare real estate. This also has consequences for vacancies in healthcare real estate, rent expansion, transformation and the disposal of healthcare-related real estate property.

The separation of residential and care provisions (extramural care provision) also has major legal consequences. Whereas in the past a healthcare agreement was sufficient, agreements now have to be taken out that are geared specifically to individual situations. Examples include mixed or combined residential/care agreements. Our attorneys will be happy to help you come up with creative solutions.