The Walloon Parliament has adopted a significant reform of the Code of Territorial Development (Code du Développement Territorial –Territoriale Ontwikkelingscode). The reform has five major areas of focus: (i) spatial optimisation to reduce urban sprawl, (ii) integration of the permit for commercial establishments into the existing procedure for building permits, (iii) harmonisation of procedures for issuing permits and flexibility in planning charges, (iv) integration of the post-flood recommendations of 2021, and (v) dematerialisation of administrative tasks as a result of the pandemic. In this article, our real estate team highlights the main aspects of the reform and their impact on the sector.

On 16 November 2023, the EU Commission issued a reasoned opinion demanding the Belgian Government to amend the so-called Breyne Act, the Belgian law offering important legal safeguards for the buyer of a house or apartment to be built or under construction. According to the EU Commission, the current distinction between accredited and non-accredited sellers and contractors in respect of the guarantee to be provided infringes the European freedom of services.

On 21 October 2022, the French-speaking civil court of Brussels issued a decision concerning the landlord’s pre-contractual obligation to furnish their tenant with an EPB certificate.

Through this decision, we examined this obligation, the possible sanctions for failure by the landlord to comply with it and the implications of the entry into force of Book 5 of the Civil Code.

The Brussels government has introduced its Regional Air-Climate and Energy Plan, which contains a comprehensive roadmap to reduce greenhouse gas emissions, mitigate climate change and promote renewable energy in the coming decades. Our Real Estate team has created a timeline of the (expected) upcoming legal obligations relevant to the real estate sector. 

On September 25th, the Chamber of Representatives proposed a draft law that seeks to address the issue of sustainability in Belgium's building stock. This draft law imposes several new obligations on co-ownership associations and co-ownerships managers, such as drafting a multi-year maintenance plan and establishing new rules for reserve funds. 

Be sure to read our article for an initial overview of this potential future legislation!

On 22 June 2023, the Brussels Government has adopted a draft ordinance amending the Brussels Housing Code  to introduce a pre-emption right for tenants whose main residence is offered for sale. If this Draft Ordinance gets approved, it will impose significant obligations on landlords who wish to sell their leased residential properties.

We are pleased to share with you our contribution to the Chambers Global Practice Guide: Construction Law 2023. Our expert team has authored the Belgian chapter, providing valuable insights into the construction sector. 

The guide gives a comprehensive overview of the legal issues and industry trends affecting employers, contractors, sub-contractors and financiers. It offers an overview of construction contract basics, ranging from elements affecting the price to exclusions of liabilities, from remedies in case of delay to retention rights and ESG in the construction sector.

The Walloon Government has proposed a legislative reform of the environmental permit aimed at strengthening the environmental protection and modernising the permit management. The main change concerns the unlimited duration of the environmental permit, as opposed to its current 20-year limit, combined with more flexible conditions and continued monitoring of business activities and potential environmental offences. The reform is not expected to enter into force before 2024. 

In this newsletter we elaborate on the effects this planned reform will have on businesses.

On 1 January 2022, the first set of renovation obligations entered into force for non-residential buildings in Flanders. One year later, on 1 January 2023, similar obligations entered into force for residential buildings. Energy efficiency labels, minimum share of renewable energy, improved roof insulation and ban on single glazing are only a few of the obligations that could be imposed on your next purchase.

In this newsletter our real estate experts decrypt the obligations, per building type and per timeframe.

A new federal law imposes legal requirements meant to enhance indoor air quality in public spaces like catering, sporting, retail and event venues. This law, as well as the upcoming royal decrees it provides a basis for, could have serious implications for both the operators and owners of such venues. Our Real Estate team explains what to expect.  

Electric vehicles are going to take more and more place in the traffic in Brussels. Building on this expectation, the Brussels Capital Region enacted a Decree determining the ratio of charging points required in different categories of car parks.  Office and residential buildings as well as car parks for public use covered by an environmental permit are targeted.  As each permit holder should be aware of this Ratio Decree, our Real Estate team has reviewed its main points for you.

As a result of the current energy crisis and ramping inflation, the Brussels Capital Region has decided to limit the indexation of commercial leases in the Brussels Region. The adopted ordinance of 15 December 2022 introduces a mechanism of temporary limitation of the indexation of commercial leases in an attempt to mitigate the consequences of inflation on businesses. Our Real Estate team explains the applicable limitation, the calculation formula and the impact of this new energy index.