Immobilier

Real estate

Our Real Estate Law department provides bespoke, comprehensive services for the various professional actors within the sector (promotors, investors, contractors, real estate agents, trustees, architects, surveyors, real estate companies, etc.) but also to private individuals (owners, tenants, co-owners, holders of rights in rem) with legal issues or concerns in the following areas:

a. Urbanism

  • Legislative and regulatory initiatives: assistance in developing legislative initiatives (inter alia, decrees on urban planning).
  • Permits: Legal aid in treatment, monitoring and reviewing of license applications with the relevant administrative authorities, including administrative appeals and procedures before the Council of State or Council for Permit Disputes.
  • Supervision of procedures: assistance in civil, administrative or criminal proceedings that apply to the specific planning regulations, such as prosecution for planning offenses.
  • Training: in all subjects related to planning and environmental obligations.

b. Real estate law - civil aspects

  • Assistance in the development of real estate projects in both the private and public sectors. This includes the construction process itself, but also the acquisition or sale of rights in rem (leasehold or surface right) and personal rights (rent or lease).
  • Sale of property: review of contractual provisions, procedures relating to hidden defects, rescission of the sale, liability of real estate agents, etc.
  • Neighbourliness: assistance and advice in disputes relating to neighbours such as neighbour nuisance, demarcation, easements, ...

c. Leasing

  • Drafting of domestic property and commercial contracts
  • Assistance and advice to landlords and tenants regarding their rights and obligations
  • Expertise, arbitration and mediation: drafting of agreements for (extrajudicial) alternative dispute resolution (ADR) and assistance in the event of a procedure.
  • (Procedural) monitoring of lease disputes: defects, termination of lease, recovery of rent arrears, etc.

d. Co-ownership

  • Drafting of contracts, specifications and basic acts, as well as rules and regulations of the jointly owned assets. Review and updating of articles of co-ownership.
  • Claims against those carrying out work: Association of co-owners’ recourse against those carrying out work in event of defective execution.
  • Assistance and advice to trustees in the performance of their duties.
  • Monitoring of procedures regarding co-ownership: disputing the decisions of general meetings, recovering charges levied, alteration of statutes, and allocation of common costs

 

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