Tags: Real Estate and Regulatory
New Book 7 of the Belgian Civil Code: What you need to know
On 23 September 2026, the Act of 22 July 2026 inserting Book 7 “Special contracts” into the Civil Code was published in the Belgian State Gazette. This marks the next major milestone in Belgium’s ongoing overhaul of its private law and will have an impact on the real estate and construction sector.
In this first blog post, we look at the suppletive nature of the new rules, their entry into force, and the topics Book 7 covers, before paying particular attention to what matters for the real estate and construction sector in a series of upcoming blogs on the specific contracts it regulates.
1/1/2026: Take a look at your autonomous lease guarantees with the entry into force of Title1 of Book IX of the Belgian Civil Code
As of 1 January 2026, Title 1 “Personal securities” of Book IX “Securities” of the new Belgian Civil Code has entered into force and does apply to all new personal securities being vested (even in relation to a principal agreement which is already in place before such date). This is important for any autonomous guarantee […]
The new federal government’s Coalition Agreement of 31 January 2025: implications for the real estate and construction sector
After more than seven months of intense negotiations, a federal government (baptised the “Arizona coalition”) has been formed, resulting in a 200-page long – sometimes very detailed – coalition agreement for the period 2025-2029 (the “Federal Coalition Agreement”). Some of the measures set out in the new Federal Coalition Agreement will have an impact on (parts of) the real estate sector…
New payment terms in public procurement
Belgium’s public tender rules are being reformed following a 2022 EU court ruling. The current 30-day verification plus 30-day payment term will be replaced by a single 30-day “treatment term” for both. Healthcare sector exceptions remain, allowing up to 60 days for payment. The new rules take effect on 1 January 2025.
Belgium aims for hospitals to increase their biosimilars uptake
Despite many initiatives by the (former) Minister of Health, the uptake of biosimilars in Belgium has remained rather low. In this blog, we summarise the new rules, which apply since 2 October 2023.
Belgian Supreme Court rules on the consequences for commercial lease agreements of the lock-downs during the COVID-19 pandemic
The Supreme Court (“Hof van Cassatie/Court of Cassation”) overruled on 26 May 2023 a decision that determined that Article 1722 (old) Civil Code (a partial or total “destruction” of the leased premises) does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic.
How to challenge an award decision in Belgium
Public procurement is all about tendering. And tendering is about winning and… losing. Often, in-house lawyers need urgent advice on how to challenge award decisions. Here are some tips and tricks.
Real Estate Recovery: Bouncing back after the global pandemic
In the Virtual Round Table Series by IR Global, our expert Lieven Peeters joins the discussion on the future of real estate after the global pandemic.
Nitrogen crisis in Flanders? A recent judgment may have serious consequences
On 25 February 2021, the Flemish Council for Permit Disputes annulled a permit for the construction and operation of two large-scale poultry barns. But what does this judgment mean for further economic development in Flanders?
Low Emission Zone: what’s in it for Belgian car drivers?
Low emission zones (LEZs) are now a familiar practice in Belgium. However, it is a dynamic tool that is still evolving and poses new standards in the near future. Its implementation in Belgium’s constitutional structure raises some legal issues and its lawfulness is not undisputed either.
Prior authorisation requirement for letting property through AirBnB platform is consistent with the Services Directive, says European Court of Justice
The European Court of Justice has decided on 22 September 2020 that national legislation requiring an authorisation or permit for the short-term letting of residential properties is consistent with EU law, given that a housing shortage and shortage of long-term housing rentals constitute ‘an overriding reason relating to the public interest’.
The obligation of prior environmental assessment once again interferes with our energy supply
The Court of Justice has recently decided that Flemish rules establishing a framework for the development consent for wind turbines infringe the EU rules on prior environmental assessment.
Extension of Doel 1 and Doel 2 is illegitimate but our energy supply is safe for now …
On 5 March 2020, the Constitutional Court annulled the extension of Doel 1 and Doel 2 because this extension infringed EU legal provisions concerning environmental assessments.
Weathering The Crisis: What Future For Real Estate?
COVID-19 is having a massive impact on the retail sector. How will this develop in the short and long term? What is the future of brick-and-mortar retailers? Will the way we are experiencing shopping be deeply modified?
Belgium adopts Act increasing the transparency of managed entry agreements
On 16 April 2020, a new Act was adopted by the Belgian parliament to increase the transparency of managed entry agreements concluded between pharmaceutical companies and the National Institute for Health and Disability Insurance.
Flemish wind turbine rules could infringe EU rules on prior environmental assessment
Advocate General Sánchez-Bordona has concluded in a recent legal opinion that several Flemish rules regarding wind turbines infringe the EU rules on prior environmental assessment.
To FIDIC or not to FIDIC? Five pitfalls for contractors to keep in mind
Working on an offshore wind power project in the Atlantic Ocean for the Japanese government but headquartered in Belgium? Flying over from Russia to construct Belgian railways by order of a French company?
Property law and real estate structures finally modernised: Book III of the Belgian Civil Code has been approved!
On 30 January 2020, the new Book III on Goods was approved by the Belgian parliament. What are Book III’s characteristics?
The International Comparative Legal Guide to: Real Estate 2020
One of our partners, Lieven Peeters, is pleased to announce that the International Comparative Legal Guide to: Real Estate 2020 has been published.
Direct lines in Flanders: 5 points of attention
Recently, the VREG started authorizing direct lines for electricity more easily. This brings new opportunities for companies near an electricity production site, such a wind farm or solar park.
New rules in the Walloon Region and their substantial consequences for franchise and commercial lease agreements: do you comply with them?
Since the transfer of the legislative competence for commercial leases from the federal to the regional level, the Walloon legislator has already made use of its new competence by amending the Act of 30 April 1951 on commercial leases in several aspects.
Incentives and public procurement in the healthcare sector: be careful what you wish for!
Since the European Court of Justice’s ruling C-300/07 of 11 June 2009, hospitals and other health institutions must abide by public procurement law to the extent that they are at least 50% financed directly by public authorities or indirectly by public insurance schemes.
Pop-up leases in the three regions : Brussels adopted as last region its new rules
On 19 May 2019, the Ordinance of 25 April 2019 on short-term commercial leases enters into force for the Brussels-Capital Region.
Commercial space in a hotel: Don’t get trapped in a commercial lease
The ground floor of many hotels provides room for retail space that can be let to businesses complimentary to the hotel: jewellery, car renting, floral shop, (luxury) clothing, etc.