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.
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.
If you wish to read more, click here.
Written by
Recommended articles
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.
Read on
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.
Read on
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.
Read on