Buying a boat in the Netherlands

Q: Do you need a licence to sail a boat in the Netherlands?

On inland waters, a small boating licence (klein vaarbewijs) is required for a boat shorter than 15 metres that can go faster than 20 km per hour and for a pleasure craft of 15 to 25 metres (Article 16(1) Inland Navigation Decree). A skipper’s qualification certificate is required for a pleasure craft of 25 metres or more (Article 14(1)(a) and (3)) and, under the wording of Article 14(1)(b), for a vessel for which the product of length, beam and draught is 100 cubic metres or more; that certificate also covers vessels for which a small boating licence is required (Article 14(2)).

Published on 24 August 2023 · Last updated 28 October 2026

If you buy a boat in the Netherlands under Dutch law, it must have the properties you were entitled to expect (Article 7:17 Dutch Civil Code). How ownership passes depends on registration. A boat registered with the Kadaster is transferred by a notarial deed entered in the public registers (Article 3:89(1) and (4)). An unregistered boat is transferred by handing over possession (Article 3:90(1)).

This guide is a practical checklist for buyers: what to check, which documents to ask for, how registration works and which contract terms matter. For larger vessels, see also our page on buying a yacht in Holland.

What should you check when buying a yacht in the Netherlands?

When buying a yacht in the Netherlands, it is essential to:

Understand your requirements and evaluate a yacht’s performance against these.
Ascertain the seller’s title to the yacht and its worth.
Be vigilant about legal documentation, especially if you’re considering exporting the yacht out of the Netherlands.

MAAK Advocaten assists private and corporate buyers and sellers with boat and yacht transactions, from reviewing the contract to the transfer.

What belongs in a Dutch yacht sale contract?

Dutch law does not require a particular form for the purchase contract itself (Article 3:37(1)), but a written contract is the best evidence of what was agreed. The transfer of a registered boat does require a notarial deed (Article 3:89(1) and (4)). Before you sign, our lawyers can:

Examine the contract closely to ensure it safeguards the client’s interests.
Negotiate changes with the seller or broker, so that the contract reflects your interests.
Advocate for independent marine surveys to understand the yacht’s condition comprehensively. Insurers often ask for such a survey, and it gives you an independent view of the boat before you commit.

Why have an independent yacht survey?

When purchasing a yacht, the surveyor’s report is an important basis for your decision. Ensure you:

Engage a qualified and experienced surveyor.
Acquire a detailed report specifying the yacht’s condition.
Focus on areas like the hull’s underwater parts and potential defects like electrolysis.

Choose your own surveyor and check his credentials. The survey also matters legally: you cannot rely on a lack of conformity that you knew of, or could reasonably have known of, when you concluded the contract (Article 7:17(5)). Have the survey done before you sign, or make the purchase conditional on a satisfactory survey.

How is a yacht registered in the Netherlands?

Boats can be registered (teboekgesteld) in the public registers for ships kept by the Dutch Land Registry (Kadaster). A completed inland vessel can be registered if, for example, it is normally operated from the Netherlands, or its owner is Dutch or lives in the Netherlands (Article 8:784(1) Dutch Civil Code). The owner of an inland vessel must request registration within three months once registration is possible. There is no such duty in the cases listed in Article 8:785(2), for example for inland vessels other than cargo vessels with a displacement of less than 10 cubic metres, and for a completed inland vessel registered in a state that is not a party to the 1965 Geneva Convention on the registration of inland vessels, if it meets one of that Convention’s registration conditions there (Article 8:785).

A registered boat is registered property (registergoed) (Articles 8:199(1) and 8:790(1)). The Kadaster’s ship registration shows the owner, limited rights such as a mortgage, and attachments (Article 85(2) Kadaster Act). The seller must transfer the boat free of special burdens other than those you expressly accepted. Whatever the contract says, the seller is liable for burdens arising from facts that could have been registered but were not registered when the contract was concluded (Article 7:15).

Ask whether the boat is registered and, if it is, check the registration with the Kadaster before you pay.
For an unregistered boat, ask for documents showing the chain of ownership from the builder to the seller.
Ask the seller to disclose known defects and disputes in writing. If the seller should have informed you about a fact and did not, you may be able to annul the contract for mistake (Article 6:228(1)(b)).

Which security does Dutch law offer the buyer?

The seller may have financed the boat with a loan that is still secured on it. On a registered boat that security is a mortgage (hypotheek); on an unregistered boat it is a pledge (pand) (Article 3:227(1)). A mortgage is created by a notarial deed entered in the public registers (Article 3:260(1)). A pledge on an unregistered boat can be created by an authentic or registered private deed, without the boat being handed over (Article 3:237(1)). Such a pledge does not appear in a public register.

If you buy an unregistered boat for value and in good faith, Dutch law in principle protects you against a seller who was not the owner, and against limited rights such as a pledge that you did not know of and ought not to have known of (Article 3:86(1) and (2)). You are not in good faith if you ought to have known the facts, and good reason for doubt counts against you (Article 3:11). The owner of a stolen boat can, subject to limited exceptions, reclaim it within three years of the theft (Article 3:86(3)).

Agree that the seller delivers the boat free of mortgages, pledges, attachments and other encumbrances, and that the lender releases its security at completion.
For a registered boat, a Dutch civil-law notary draws up the deed of transfer, which is then entered in the public registers (Article 3:89(1) and (4)). MAAK Advocaten can arrange for a notary for the transaction.

Which law applies, and which contract terms matter?

Which law governs the purchase depends on the contract and on the rules of private international law; a clear choice of law in the contract avoids uncertainty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply to the sale of ships and vessels (Article 2(e) CISG). Key contract terms include:

Detailed description of the yacht, including its inventory and registration.
The price, the payment terms, the deposit and when the deposit is repaid.
Clauses related to inspections, repairs, and financing requirements.
When ownership passes, for example only after full payment, and when the risk passes to you. Under Dutch law the risk passes in principle on delivery, even if ownership has not yet passed (Article 7:10(1)).
Provisions related to warranties, disclaimers, and dispute resolution.

Dutch law does not require a seller to give a six-month guarantee, whether or not the boat is registered. Your rights depend on conformity: the boat must have the properties you were entitled to expect (Article 7:17). You must notify the seller within a reasonable time after you discovered, or reasonably should have discovered, the defect. If the boat lacks a property the seller said it had, or the defect concerns facts the seller knew or ought to have known but did not disclose, the reasonable time runs from actual discovery (Article 7:23(1)). Claims become time-barred two years after that notice (Article 7:23(2)).

Only in a consumer sale, where a professional seller sells to a private buyer, is a defect that appears within one year of delivery presumed to have existed at delivery, unless the seller proves otherwise or the nature of the boat or of the defect is inconsistent with that presumption (Articles 7:5(1) and 7:18a(2)). In a consumer sale, notice within two months of discovery is always in time (Article 7:23(1)), and the buyer’s statutory rights cannot be limited or excluded (Article 7:6(1)).

Which documents should you ask for when buying a boat?

MAAK Advocaten advises buyers and sellers of boats in the Netherlands. For the steps of a yacht purchase, see also our page on the boat-buying process in the Netherlands.

The documents below help you establish who owns the boat, whether it is free of encumbrances and what condition it is in.

Why is proof of ownership so important?

A boat that is not registered with the Kadaster has no public record of its owner or of a pledge, and its owner may not have a bill of sale or other ownership certificate. As a buyer you therefore have to collect evidence of the seller’s ownership yourself. If you had good reason to doubt the seller’s title, you may lose the protection Dutch law gives a buyer in good faith (Articles 3:11 and 3:86).

Essential Documentation: Ensuring a Legally-Sound Boat Purchase

1. Establishing the Seller’s Ownership

To establish the seller’s ownership, ask for:

Original Purchase Invoice: An initial evidence of transaction.
Bank statement: showing that the seller paid for the boat.
Purchase Agreements: Especially with previous boat owners.
Manufacturer’s Declaration: Cementing the authenticity of the boat’s origin.
Notarial deed: for a registered boat, the deed by which the seller acquired it; ownership passed when that deed was entered in the public registers (Article 3:89(1) and (4)).
Kadaster extract: for a registered boat, it shows the registered owner, mortgages and attachments (Article 85(2) Kadaster Act).

2. Understanding Tax and VAT Details

For VAT purposes, keep:

Original Purchase Invoice.
VAT Declaration from Customs (btw-vrij-verklaring), if one has been issued for the boat.

A statement from the Kadaster that the boat is not registered (verklaring van niet-teboekstelling) only shows that the boat is not in the Dutch ship registers. It does not prove that the boat is free of encumbrances: a pledge on an unregistered boat is not recorded in any public register (Article 3:237(1)).

3. Boat-Specific Documentation: A Deep Dive

Also ask for the documents that belong to the boat itself:

User Manuals and Guides: Offering operational know-how.
Promotional Brochures: Detailed specifications.
Guarantee certificates: in a consumer sale, a commercial guarantee applies in addition to the buyer’s statutory rights (Article 7:6a(1)).
Maintenance Reports: With special emphasis on engine care.
Recent Maintenance Invoices: Reflecting upkeep history.

Additional Provisions for a Legally Secure Purchase

List of known defects: ask the seller to list known defects in writing. Keep in mind that you cannot later rely on defects you knew of when you concluded the contract (Article 7:17(5)).
HISWA membership: check whether the dealer, broker or yard is a member of HISWA, the Dutch watersport trade association (please visit the HISWA website for more information).
Registration and licence for fast boats: a boat shorter than 20 metres that can go faster than 20 km per hour is a fast motorboat (snelle motorboot) (Article 1.01 Inland Waterways Police Regulations). It must be registered in the owner’s name with the body designated by the Minister, which issues a registration mark and certificate (Article 8.01(1)); see the RDW website for the procedure. The skipper needs a small boating licence (klein vaarbewijs) for a boat shorter than 15 metres that can go faster than 20 km per hour and for a pleasure craft of 15 to 25 metres (Article 16(1)(b) and (d) Inland Navigation Decree).
Draft purchase agreement: have it reviewed by a lawyer before you sign.

MAAK Advocaten can review these documents and the draft contract before you sign.

Frequently asked questions about buying a boat in the Netherlands

What is the most reliable way to buy a boat in the Netherlands?

Check the seller’s title and any encumbrances first: for a registered boat in the Kadaster (Article 85 Kadaster Act), for an unregistered boat through the ownership documents. Have an independent survey done before you sign (Article 7:17(5) Dutch Civil Code), agree in writing on the price, deposit and conditions, and pay against the transfer. A registered boat is transferred by notarial deed and entry in the public registers (Article 3:89(1) and (4)).

Is boat registration mandatory in the Netherlands?

The owner of an inland vessel must request registration with the Kadaster within three months once registration is possible, except in the cases listed in Article 8:785(2) Dutch Civil Code, such as inland vessels other than cargo vessels with a displacement of less than 10 cubic metres and certain vessels registered in a state that is not a party to the 1965 Geneva Convention on the registration of inland vessels. Separately, a fast motorboat must be registered in the owner’s name with the body designated by the Minister (Article 8.01(1) Inland Waterways Police Regulations).

How is a registered yacht transferred at the Kadaster?

Through a notarial deed between seller and buyer, followed by entry of that deed in the public registers. You only become the owner once the deed has been entered (Article 3:89(1) and (4) Dutch Civil Code). Before completion, check the registered owner, mortgages and attachments in the Kadaster’s ship registration (Article 85(2) Kadaster Act).

Can a foreigner register a boat in the Netherlands?

A completed inland vessel can be registered if at least one condition is met: it is normally operated from the Netherlands, the owner is a Dutch national or lives in the Netherlands, or the owning company has its seat or main business in the Netherlands (Article 8:784(1) Dutch Civil Code). A completed seagoing vessel can only be registered if the requirements of Article 8:194a are met. These include requirements on the owner and, in general, an establishment in the Netherlands. For a seagoing yacht used exclusively for non-commercial purposes, no Dutch establishment is required: the owner must meet Article 8:194a(1)(a) under 1°, 3° or 4°, and a natural person ashore in the Netherlands must hold a sufficient power of attorney from the owner to act without delay (Article 8:194a(4)).

Do you need a licence to sail a boat in the Netherlands?

On inland waters, a small boating licence (klein vaarbewijs) is required for a boat shorter than 15 metres that can go faster than 20 km per hour and for a pleasure craft of 15 to 25 metres (Article 16(1) Inland Navigation Decree). A skipper’s qualification certificate is required for a pleasure craft of 25 metres or more (Article 14(1)(a) and (3)) and, under the wording of Article 14(1)(b), for a vessel for which the product of length, beam and draught is 100 cubic metres or more; that certificate also covers vessels for which a small boating licence is required (Article 14(2)).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl.

Dutch Civil Code (Burgerlijk Wetboek) Book 3: Articles 3:11, 3:37, 3:86, 3:89, 3:90, 3:227, 3:237 and 3:260
Dutch Civil Code Book 6: Article 6:228
Dutch Civil Code Book 7: Articles 7:5, 7:6, 7:6a, 7:10, 7:15, 7:17, 7:18a and 7:23
Dutch Civil Code Book 8: Articles 8:194, 8:194a, 8:199, 8:784, 8:785 and 8:790
Kadaster Act (Kadasterwet): Article 85
Inland Waterways Police Regulations (Binnenvaartpolitiereglement): Articles 1.01 and 8.01
Inland Navigation Decree (Binnenvaartbesluit): Articles 14 and 16
UN Convention on Contracts for the International Sale of Goods (CISG), Article 2(e)

How can a Dutch lawyer help when you buy a boat?

We assist buyers and sellers of boats and yachts with contract review, checks on title and encumbrances, the transfer and disputes.

Get in touch with MAAK Advocaten for any queries related to yacht purchasing in the Netherlands. Our Dutch maritime lawyer Remko Roosjen will be happy to assist.

+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl

Our commitment extends beyond mere legal services. We aim to provide all-round solutions, building close working relationships with our clients, ensuring transparency, and delivering practical results.