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The Dutch government will assume regulation of estate agents following years of complaints that industry self-regulation failed to prevent unfair practices in the housing market. Housing Minister Elanor Boekholt-O’Sullivan stated she acted reluctantly but determined that self-regulation was insufficient.
What is changing
The central measure is a mandatory professional register. All estate agents (makelaars) must register with a new government system and adhere to legally binding conduct rules. These include fully and promptly sharing property information, treating all buyers equally, and providing transparency in the bidding process through a uniform bidding log (biedlogboek) that records every bid on a property.
The bidding log addresses a longstanding concern. “Sometimes, people are advised by their agent to bid 10,000 euros more, but they have no idea whether there is actually a competing bid from someone else,” the minister said, highlighting buyers’ suspicions that agents are playing them against non-existent competitors.
In addition to the register, the government will establish a disputes committee for clients with complaints. Based on the severity or frequency of issues, the committee may reprimand agents or, in serious cases, remove them from the register, preventing them from working as estate agents.
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Why now
This decision follows ongoing pressure. Complaints collected by the homeowners’ association Vereniging Eigen Huis (VEH) highlighted conflicts of interest, preferential treatment, and changing rules during sales. A Verwey-Jonker Institute study, commissioned by the minister, found that nearly one-third of respondents had at least one negative experience with an estate agent, usually the selling agent, and almost 90 percent of these complaints involved agents from trade associations. Notably, only about 2 percent of dissatisfied clients filed an official complaint.
The minister initially hoped the sector would resolve these issues. However, discussions revealed that existing codes of conduct and improvement plans were inadequate to address unethical agents. “This is a major step, so I would have preferred not to take it,” Boekholt-O’Sullivan said, emphasising that most agents act honestly and that little will change for those in compliance. The sector will bear the costs of the new system.
The sector’s response
The industry has responded with general support, but with a key reservation. The estate agents’ association NVM supports a mandatory register with legal conduct rules and the authority to remove serious offenders, and has recently advocated for legal standards for all professionals, not just its members. However, NVM argues the plan lacks a requirement to demonstrate professional competence before admission. Without such standards, NVM warns, the register may create a “false sense of security” by implying agents are qualified when this is not guaranteed.
Meanwhile, the PVV has introduced its own bill proposing conduct rules, a national register, external supervision, and fines. The minister stated she views this proposal as helpful for developing effective legislation and committed to presenting her own bill in early 2027. Some details, such as whether rental agents will be included, remain undecided.