Healthcare Real Estate

The healthcare sector in the Netherlands is in a state of flux. Instead of the building regime, a normative funding system for capital costs has been in place for some time. The Exceptional Medical Expenses Act (AWBZ) has been replaced by the Long-Term Care Act (Wlz). Lighter forms of care from the former AWBZ have been transferred to the Social Support Act 2015 (Wmo 2015) and the Health Insurance Act (Zvw). The role of municipalities is increasing.

The introduction of market forces in healthcare has significant consequences for the healthcare sector. Care institutions are given more of their own tasks and powers that carry legal risks. Healthcare institutions are now responsible for financing, realizing and operating healthcare real estate themselves. This also has consequences for the vacancy of care real estate, rental, upscaling, transformation and disposal of care real estate.

In addition, the separation of housing and care (extramuralization) has major legal consequences. Where previously a care agreement was sufficient, now agreements must be concluded that are specifically tailored to the situation. Think of a mixed or linked living/care agreement. Our lawyers will be happy to help you realize a creative solution.