How to send formal notice for breach in Netherlands

The short answer

You always send a formal notice in writing, preferably by registered post. In the letter, you clearly describe which agreement has not been fulfilled, what you expect from the other party, and within what timeframe this must happen. Give a reasonable deadline of at least 14 days, unless there is urgency. Always keep a copy and proof of dispatch for your records.

What does Dutch law say?

Article 6:82 of the Dutch Civil Code (Burgerlijk Wetboek) regulates when someone is in default. A formal notice is often necessary to officially establish this default. Dutch law requires that you give the other party a reasonable chance to still perform. Without a valid formal notice, you often cannot claim damages or terminate the contract.

What should you pay attention to?

Make sure you send the formal notice to the correct address and always use registered post. The deadline you set must be reasonable - too short can make the formal notice invalid. Describe the situation in a business-like and unemotional manner, even if you are frustrated.

Example from practice

Suppose you hired a contractor who was supposed to deliver your bathroom on 1 March, but it's now 15 March and nothing has happened. You send a registered letter stating that the contractor has missed the agreed delivery date. You give him until 1 April to start work, otherwise you consider the contract terminated. This is a correct formal notice that will hold up legally under Dutch law.

What can you do?

Follow these steps for a correct formal notice in the Netherlands: