Anti-speculatiebeding

An anti-speculation clause is frequently included in purchase agreements for dwellings or land sold at a discount or with the benefit of a subsidy, for instance by municipalities or housing associations. The purpose of the clause is to prevent speculation and to ensure that the dwelling or land is used for its intended residential or other purpose.

In practice, breach of the clause may give rise to a penalty, repayment of the discount, or even rescission of the purchase agreement. Such clauses are particularly relevant in relation to starter homes and affordable home-ownership schemes, in order to maintain access to the housing market for the intended target group.

The term of an anti-speculation clause typically ranges from five to ten years and must be expressly recorded in the deed of transfer in order to be effective against third parties.