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The International Comparative Legal Guide to: Real Estate 2020

19/12/2019

 

One of our partners, Lieven Peeters, is pleased to announce that the International Comparative Legal Guide to: Real Estate 2020 has been published.

 

1. Real Estate Law

1.1 Please briefly describe the main laws that1.1 Please briefly describe the main laws thatgovern real estate in your jurisdiction. Laws relatingto leases of business premises should be listed inresponse to question 10.1. Those relating to zoning andenvironmental should be listed in response to question12.1. Those relating to tax should be listed in response toquestions in Section 9.

The Belgian Civil Code contains the principal rules on real estaterights such as sale, easements, (co-)ownership, lease, constructionlaw, etc., as well as on liens and mortgages on real property.The latter includes the rules on the opposability of a real estatetransaction towards third parties.Other legislation (e.g. zoning and environmental laws) ismore fragmented. Especially, as it often concerns a Regionalcompetence implying that each Region (i.e. Flanders, Brusselsor Wallonia) has its own legislation on the topic.

 

1.2 What is the impact (if any) on real estate of local common law in your jurisdiction?

Belgium is a civil law country, meaning that jurisprudence is notlaw-making. However, jurisprudence often has an importantinterpretative value.

 

1.3 Are international laws relevant to real estate inyour jurisdiction? Please ignore EU legislation enactedlocally in EU countries.

Real estate is primarily governed by national laws. Internationallaw may come into play in cross-border transactions where oneor more parties are subject to foreign law, such transactions mayalso impact the formalities (e.g. apostilling documents) or ifcertain requirements are translated from an EU Directive into Belgian Laws.

 

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