Category: Légal

Légal

Navigating disputes over common charges in your building

Owning an apartment in a building involves contributing to common expenses, but what happens when you disagree with how these charges are distributed? Understanding your rights and the processes involved can help you navigate this situation effectively.

Andrea Piacquadio

Understanding your responsibilities

As a homeowner, you have a responsibility to contribute to the common charges of your building. These charges cover expenses related to shared spaces and facilities. It’s important to know where you stand and what you can do if you feel the allocation of these charges is unfair.

Providing information

You are obliged to provide your contractor with information about any known cables and pipes. Failure to do so, or providing incorrect information, could make you liable for any damages caused during the work.

Contractor’s obligations

Your contractor should gather as much information as possible about nearby pipelines, especially if the work involves excavation. They must also exercise caution during the project, especially in areas where pipelines are expected. If a contractor starts work recklessly with heavy machinery and damages occur, you may have a case to demand compensation.

Understanding the contract

Your contractor might include a clause in the contract stating that the client (you) must indicate the location of cables and pipes, and if they damage unknown lines, the responsibility falls on you. Depending on the wording and scope of this clause, you might be bound by it.

Addressing disputes in general meetings

If you disagree with the allocation of common charges, you can request a change at the general assembly of co-owners. This requires adding your proposal to the agenda, which you can do by asking the syndicate to make the necessary arrangements.

Seeking a majority

Your proposal will need to be adopted by the general assembly, requiring a 4/5th majority. Simply obtaining a simple majority is not enough for such changes.

Resorting to legal action

If the general assembly refuses to adjust the allocation of charges, you can take your case to a justice of the peace. For this step, you’ll need to provide proof that the current allocation is to your personal disadvantage, incorrect, or has become incorrect due to changes in the building.

In conclusion, dealing with disputes over common charges in your building requires a clear understanding of your rights and responsibilities, as well as effective communication with your co-owners and the building management. If needed, legal avenues are available to ensure a fair resolution.

17/01/2024
Snowy sidewalks: risks and responsibilities for homeowners

Winter brings a picturesque blanket of snow, but it also comes with certain responsibilities, especially for homeowners and occupants. A critical yet often overlooked duty is clearing the snow from the sidewalks in front of one’s residence. Failing to do so can lead to a range of consequences, from financial penalties to legal liabilities.

Understanding the Legal Obligations

As a homeowner or occupant, whether of a house or an apartment, it is your legal obligation to ensure that the sidewalk in front of your property is free from snow and ice. This responsibility is not just about maintaining a clean and safe path for pedestrians; it’s a legal requirement that, if neglected, can have significant repercussions.

Facing Fines for Negligence

One of the immediate risks of not clearing your sidewalk is the possibility of incurring a fine. In some cases, fines can reach up to 350 euros. While it’s true that fines are not commonly imposed for this offense, it’s important not to be complacent. The threat of a fine serves as a reminder of the seriousness with which local authorities regard this responsibility.

The Risk of Liability for Accidents

More critical than the risk of a fine is the potential legal liability if someone were to slip and fall on your uncleared sidewalk. In such cases, the injured party could argue that your failure to clear the snow constitutes negligence. Consequently, you could be held liable for any damages they suffer, such as medical expenses, disability, or damage to personal items like clothing and watches.

Insurance Coverage and Limitations

Typically, if someone claims to have sustained an injury due to a fall on your snowy sidewalk, your family insurance policy would cover the incident. However, it’s crucial to be aware that you may still be responsible for a deductible. Furthermore, relying solely on insurance isn’t a foolproof strategy. If it’s determined that you were grossly negligent, there might be limitations to the coverage, leaving you exposed to significant financial burdens.

Proactive Measures for Homeowners

The best course of action is to be proactive about snow removal. Regularly checking the weather forecast during the winter months and having the necessary tools on hand, such as a sturdy shovel and environmentally friendly ice melt, can help you stay prepared. In addition to clearing snow, it’s also important to address any icy patches that could pose a slipping hazard.

Community Engagement and Assistance

In many communities, neighbors help each other with snow removal, especially when it comes to assisting the elderly or those physically unable to clear their sidewalks. Participating in such communal efforts not only ensures compliance with local regulations but also fosters a sense of community spirit and cooperation.

Conclusion

Clearing snow from sidewalks is more than a courtesy; it’s a legal obligation with potential financial and legal implications. By understanding these risks and taking proactive measures to ensure your sidewalks are safe, you protect yourself, your neighbors, and passersby from the hazards of winter. It’s a small but significant step toward creating a safer and more responsible community during the snowy season.

16/01/2024
3 essential winter construction insights for homeowners

Winter brings its own set of challenges for construction projects, from delayed timelines due to severe weather to the need for extra precautions on site. Understanding how winter conditions impact construction is crucial for both homeowners and contractors. This article delves into three vital aspects every homeowner should be aware of when embarking on construction or renovation during the colder months.

Weather-related delays in construction

One of the most common issues faced during winter construction is weather-related delays. While contracts typically specify a completion date, winter conditions can lead to requests for extensions. The legitimacy of these requests often hinges on the specific terms agreed upon in the contract.

If a fixed completion date is stipulated, contractors cannot use weather delays as a reason to extend the deadline unless the contract explicitly allows for such contingencies. However, if the contract specifies a start date and a completion period (e.g., 100 working days), contractors may be able to extend this period to account for days lost to winter weather, unless otherwise agreed upon.

The definition of weather-related delays can vary and is often detailed in the construction contract or the contractor’s general terms and conditions. In the absence of a clear definition, real-time weather data from sources like the Royal Meteorological Institute of Belgium (IRM) can be used to quantify “weather-related downtime.”

Protecting the construction site from winter damage

Winter conditions, such as freezing temperatures, can cause significant damage to a construction site. Consider frozen pipes that burst upon thawing. The responsibility for such damages depends on several factors, including whether the property is inhabited during the construction phase.

If the homeowner resides on the property during renovation, the contractor might argue that the homeowner, as the site’s custodian, should have taken necessary precautions against winter conditions. Conversely, if winter weather damages the contractor’s work, the homeowner might claim it was the contractor’s responsibility to protect their work from such damage.

In the case of an uninhabited construction site (like a new build or a renovation where the homeowner is not residing), it becomes easier to hold the contractor responsible. They are generally considered the custodian of the site and are expected to protect it from winter damage. However, contractors can mitigate their liability by demonstrating that they took necessary precautions to safeguard the site. The contractor’s responsibility might also be limited if unforeseen elements, such as unknown or inaccessible pipes, are damaged.

It’s important to note that contractors might include clauses in the construction contract or their general terms and conditions, stating that the homeowner is responsible for ensuring the site is protected from winter conditions and that the contractor is not liable for damage caused by frost to the property’s pipes.

Conducting work in cold conditions

Contractors are required to adhere to prescribed temperatures for certain materials and types of work. If they perform work during winter that should not be done in cold conditions, they are liable for any resulting damage.

Contractors also have a duty to inform and warn homeowners. If they believe that certain work requested by the homeowner is not advisable during winter, they must communicate this. Some legal interpretations even suggest that contractors should refuse to carry out such work if weather conditions are not conducive, regardless of the homeowner’s insistence.

Conclusion

Navigating construction during the winter months requires an understanding of the potential impact of weather on project timelines, site protection responsibilities, and the quality of work performed. Both homeowners and contractors should be aware of these factors and clearly outline their expectations and responsibilities in the construction contract to avoid disputes and ensure a successful project completion.

13/01/2024
Language barriers in Belgian coastal property co-ownership: What are your rights?

If you are a co-owner of a residential building located on the Belgian coast, you might find that the minutes of the general assembly of co-owners are written in a language different from your own. Can you request a translation? What if the majority of the building’s owners speak a different language? This article aims to clarify these questions and more.

Dylan Gillis

General assembly and language

The law does not specify in which language the general assembly must be held, nor which language should be used for drafting the minutes. Therefore, unless otherwise stated in the building’s bylaws, the general assembly can decide at the beginning of the meeting, by a simple majority, to conduct the assembly in a language other than that of the location where the building is situated.

Minutes and language

The same applies to the minutes. Here too, the general assembly can decide that the minutes be drafted in a language other than that of the location where the building is situated. However, a clause in the bylaws may stipulate that the local language must be used.

Translation rights

If the minutes are written in a language other than that of the location where the building is located, you can request a translation into the language or one of the languages of the linguistic regime where the building is situated. The cost of this translation must be borne by the association of co-owners. If a co-owner wishes for a translation into another language, they will have to pay for it themselves.

Why this matters

Language issues can create significant barriers in understanding the rules, decisions, and financial implications related to property co-ownership. Misunderstandings can lead to conflicts, legal disputes, and even financial losses. Therefore, it’s crucial to know your rights and options when it comes to language preferences in property co-ownership.

What to do if you face language barriers

Consult the bylaws

The first step is to consult the building’s bylaws. These documents often contain clauses that specify the language in which the general assembly and minutes should be conducted and drafted. Make sure you understand these clauses and their implications.

Speak up in the general assembly

If you’re uncomfortable with the language being used, don’t hesitate to speak up during the general assembly. The assembly can decide by a simple majority to change the language, so your voice matters.

Seek legal advice

If you find that your language rights are being ignored or violated, it may be helpful to seek legal advice. A lawyer can guide you through the legal avenues available to you.

Additional considerations

Impact on property value

Language barriers can potentially impact the value of your property. If a significant portion of co-owners feels alienated due to language issues, it could lead to a less harmonious living environment, which could, in turn, affect property values.

Community relations

Language is more than just a means of communication; it’s also a significant part of community building. A building where all co-owners can communicate effectively is likely to have a stronger, more cohesive community, which can be a selling point for future buyers.

Conclusion

Language can be a sensitive issue, especially in a country like Belgium, which has multiple official languages. When it comes to property co-ownership on the Belgian coast, the law provides some flexibility regarding the language in which the general assembly and minutes are conducted. However, it’s crucial to know your rights and take proactive steps if you face language barriers. Whether it’s consulting the bylaws, speaking up in the general assembly, or seeking legal advice, being informed is the key to navigating this complex issue successfully.

22/12/2023
Understanding the notice period for ending a rental contract in Belgium

Renting a property comes with its set of responsibilities and rights. One of the most crucial aspects that both tenants and landlords often grapple with is the notice period for ending a rental contract. When does the notice period start? What if the lease doesn’t begin on the first of the month? Let’s dive deep into these questions and more.

What does the law say?

In all three regions of Belgium, the rule remains consistent: the notice period begins on the first day of the month following the one in which the notice was given. For instance, if you, as a tenant, provide your notice on January 15th, the notice period will commence on February 1st. This rule is not only applicable to tenants but also to landlords, whether they intend to use the property for personal reasons or wish to undertake renovation works.

Leases that don’t start on the first of the month

It’s a common misconception that all rental contracts begin on the first of the month. In reality, many leases might commence on other days, such as the 10th, 15th, or even the 27th of a month. In such scenarios, the general consensus is that the notice period still starts on the first day of the month following the one in which the notice was provided.

Differing legal interpretations

Legal interpretations can sometimes vary, and the topic of notice periods is no exception. Some judges have a different perspective on the matter. They argue that the reference to the “first of the month” doesn’t necessarily pertain to a civil month but rather to the rental month as contractually set. For example, if a lease agreement became effective on the 15th of a month, according to this viewpoint, the notice period would begin on the 15th of the subsequent month.

Why is this important?

Understanding the nuances of the notice period is crucial for both tenants and landlords:

For Tenants:
– It ensures that you fulfill your contractual obligations and avoid potential penalties or legal disputes.
– Provides clarity, allowing you to plan your move and transition smoothly.

For Landlords:
– Enables effective property management, ensuring minimal vacancy periods.
– Offers a clear framework to engage with tenants, fostering a positive landlord-tenant relationship.

Conclusion

The process of ending a rental contract in Belgium, while seemingly straightforward, has its intricacies. Both tenants and landlords must be well-informed about their rights and responsibilities to ensure a hassle-free rental experience. By understanding the specifics of the notice period and seeking legal advice when in doubt, both parties can navigate the rental landscape with confidence and clarity.

18/12/2023
Understanding private sales in the Belgian real estate market

The world of real estate is filled with terms and jargon that can sometimes be confusing. One such term that often pops up, especially in the Belgian real estate market, is “private sale” or “vente de gré à gré” in French. But what does it mean, and how does it work? Let’s delve into the details.

What is a private sale?

A private sale, commonly referred to as “vente de gré à gré” in Belgium, is the most prevalent type of property sale in the country. It occurs when a potential buyer and a property owner mutually agree on the sale of a property at a negotiated price. Once both parties have given their consent, the sale is, in principle, finalized. The next step in the process is the signing of a preliminary sales agreement, known as a “compromis.”

Considering an option?

If you’re having second thoughts or need more time to ponder your decision, you can request an option. This provides a temporary assurance that your property won’t be sold to someone else during the option period, giving you some breathing space.

Can you sell without a real estate agent or notary?

Yes, it’s entirely feasible to sell your property without involving a real estate agent. However, it’s advisable to engage one. A real estate agent, with their extensive network and experience, can expedite your property’s sale, assist in fetching the best price, and handle numerous administrative tasks on your behalf. Regardless of whether you use an agent or not, involving a notary in the transaction is mandatory in Belgium.

How to execute a successful private sale?

To ensure a swift sale, it’s crucial to list your property at a competitive price. Websites like Immovlan offer online estimation tools that provide a preliminary pricing indication. However, the expertise and market knowledge of a real estate agent remain unmatched and can be invaluable in setting the right price.

What are the costs associated with a private sale?

When you opt for a private sale, be prepared to cover registration duties, notary fees, and other miscellaneous charges. Detailed cost breakdowns can be found on websites like www.notaire.be. If you decide to employ a real estate agent, their fees will be an additional expense. However, an agent often helps in securing a better price for your property, making the investment worthwhile. To avoid any unexpected financial hiccups, it’s wise to anticipate all potential costs in advance.

Conclusion: Navigating the real estate market can be daunting, especially with its myriad of terms and processes. Understanding the nuances of private sales can empower sellers, ensuring they make informed decisions that align with their goals. Whether you choose to go solo or enlist the help of professionals, being well-informed is the key to a smooth and successful property sale in Belgium.

15/12/2023
Navigating property division during divorce in Belgium: Your options explained

Divorce is a complicated process, and it becomes even more complex when there’s real estate involved. In Belgium, there are several options available for couples who are going through a divorce and own property together. Here’s a comprehensive guide to help you understand your choices.

Eric Ward

Joint ownership

Joint ownership, or “propriété en indivision,” means that the property remains a shared asset between both spouses. This is often the case when one party wishes to continue living in the home but cannot afford to buy out the other’s share. Generally, this arrangement is only possible for 5+5 years, although exceptions can be made under specific circumstances.

Key Points:
– Ensure that all administrative aspects and agreements are well-documented to avoid potential issues.
– Consult a real estate agent or notary to guide you through this process.

Buying out the other party

Valuation

To buy out your spouse’s share, you must first agree on the property’s value. This can be a contentious issue, and it’s advisable to consult an expert to determine an objective value. The notary will then record this value and each party’s share in the sale.

Costs involved

Remember, the person acquiring the property must not only pay the other party’s share but also bear the full cost of repaying any outstanding mortgage. Additional fees, such as notary fees, will also be the responsibility of the acquiring party.

Selling the property

The property can be put up for sale by one or both parties. After the sale is finalized, the proceeds will be divided according to each party’s share in the property. Any associated costs, such as real estate agent fees, will be deducted from the sale price.

Consult a notary

In all cases, it’s highly recommended for divorcing couples to consult a notary. A notary can help find a consensus between both parties and ensure that all legal requirements are met. For unmarried partners, private arrangements can also be made.

Additional considerations

Children and custody

If children are involved, their well-being and living arrangements should be considered when deciding what to do with the property. The court may also have a say in this matter.

Financial stability

Before making any decisions, assess your financial stability. Whether you’re buying out your spouse or selling the property, make sure you can afford the associated costs.

Legal advice

Legal advice is crucial in navigating the complexities of property division during a divorce. Lawyers specializing in family law can provide valuable insights and help protect your interests.

Conclusion

Divorce is never easy, and the division of property can add another layer of complexity to an already challenging situation. Whether you opt for joint ownership, buying out your spouse, or selling the property, it’s crucial to consult professionals like notaries and legal advisors. They can guide you through the legal maze and help you make informed decisions that are in your best interest.

Final Thoughts: Property division during a divorce is a complex process that requires careful planning and consultation with experts. Make sure to weigh all your options and consult professionals to navigate this challenging time successfully.

12/12/2023
Navigating noise laws in Belgium: What you need to know

In Belgium, noise pollution, especially during the night, is a matter of legal concern. Whether in the countryside or the city, causing any form of noise or disturbance between 10 PM and 6 AM is prohibited. This includes human voices and shouting, noises from engines and machinery, music, and even animal sounds like dog barking.

Legal implications of nighttime noise

Article 561 of the Belgian Penal Code stipulates fines and/or imprisonment for “those guilty of noises or nighttime disturbances that disrupt the tranquility of residents.” This law specifically targets noise occurring from dusk till dawn.

In theory, all noises during this period could be subject to legal action. However, for a penal offense to be established, there must be a moral element in the perpetrator’s actions, indicating either intentional or negligent disturbance. If the noise results from the normal exercise of a profession, and adequate measures were taken to avoid disturbing neighbors’ night rest, this moral element might not be present.

Besides the Penal Code, municipal regulations may also impose administrative sanctions. However, a single act cannot be subjected to both penal and administrative penalties.

Amplified music: A special case

The broadcasting of music, both indoors and outdoors, is subject to specific regulations when electronically amplified. In public establishments, the sound level, measured at any point where people can be present, is limited to 90 dB. There are no equivalent measurement standards for private establishments.

Protection rules also exist for the neighborhood of these establishments. Maximum thresholds are defined based on the background noise level measured inside a room or building with doors and windows closed, ranging between 5 and 35 dB. Violating these norms can also result in fines or imprisonment!

Filing a complaint

Complaints can be filed at your local police station or through the 101 call number.

Understanding the broader context

Noise pollution, particularly at night, can significantly impact people’s health and quality of life. Understanding the legal framework in Belgium is crucial for both preventing and addressing these disturbances.

Preventive measures

Individuals and businesses should take proactive steps to minimize noise. This includes soundproofing, respecting designated quiet hours, and being mindful of neighbors.

Community involvement

Community engagement plays a vital role in addressing noise pollution. Residents can work together to create a more peaceful environment, promoting respect and consideration for one another.

Conclusion

Navigating the complexities of noise laws in Belgium requires an understanding of both legal obligations and community responsibility. By being informed and considerate, we can contribute to a more harmonious living environment for all.

10/12/2023
Is annual maintenance of alarm systems mandatory?

Alarm systems are an integral part of home and business security. They not only deter potential intruders but also provide peace of mind to property owners. However, like any other electronic system, alarm systems require regular maintenance to ensure their optimal functionality. But is this maintenance just a precautionary measure, or is it legally mandated? Let’s delve into the obligations and advantages of annual alarm system maintenance.

The Legal Obligation

According to the Royal Decree of 25 April 2007, the annual maintenance of alarm systems is a legal requirement in Belgium. This maintenance can be carried out either by the user themselves or by an accredited security company. If the user opts to perform the maintenance, they bear the responsibility for the system’s proper functioning. This means ensuring that the system doesn’t trigger false alarms and correctly signals any intrusions.

Self-maintenance vs. Professional Maintenance

While the law allows users to maintain their alarm systems, it’s essential to weigh the pros and cons. Self-maintenance might seem cost-effective, but without the right expertise, you might miss out on critical updates or checks. On the other hand, hiring an accredited security company ensures a thorough check, timely updates, and professional advice on any potential upgrades or changes.

Benefits of Regular Maintenance

Reliable Functionality: Regular maintenance ensures that the alarm system operates without glitches. This means fewer false alarms and prompt alerts during genuine security breaches.

Peace of Mind: Knowing that a professional has inspected and approved your alarm system’s functionality offers peace of mind. You can rest assured that your property is well-protected.

Insurance Compliance: Many insurance companies mandate regular alarm system maintenance as a prerequisite for theft risk coverage. Keeping your system well-maintained might also lead to reduced insurance premiums.

INCERT Requirements

The INCERT quality label sets stringent standards for alarm system maintenance. Security companies with INCERT certification can only issue a compliance statement if the installation is covered by a maintenance contract signed before its activation.

What does INCERT Maintenance Entail?

Annual maintenance as per INCERT standards isn’t just about testing the system. It’s a comprehensive check that ensures the installation will continue to operate correctly and won’t trigger false alarms. This involves:

– Checking all sensors and alarms for functionality.
– Ensuring that the system’s software is up-to-date.
– Inspecting the system’s wiring and connections.
– Testing the system’s response to various simulated threats.
– Providing a detailed report of the maintenance, including any potential issues or recommendations.

Conclusion

While the annual maintenance of alarm systems is legally required in Belgium, it’s clear that the benefits extend beyond mere compliance. Regular maintenance ensures that your alarm system remains a reliable security measure, protecting your property and giving you peace of mind. Whether you choose to maintain the system yourself or hire professionals, the key is to ensure that the system remains in optimal condition, ready to alert you at the first sign of trouble.

10/12/2023
Telecommuting abroad: Navigating the legal and tax implications for Belgians

The allure of working from a picturesque home in Provence or a cozy apartment in Spain is undeniable. With the rise of remote work, many Belgians are tempted to swap their usual workspaces for sunnier, more exotic locales. But is it as simple as packing your laptop and catching a flight? Let’s delve into the intricacies of telecommuting abroad for Belgians.

Kristin Wilson

The appeal of working under the sun

At first glance, the idea of working from a foreign location seems not only appealing but also entirely feasible. If you have a stable internet connection and the necessary equipment, what could possibly stand in your way? From a legal standpoint, there’s no direct impediment. Moreover, most employers would likely be supportive, especially if you can guarantee efficient work tools and connectivity.

However, as highlighted by our colleagues at Le Soir, the path to international telecommuting is paved with challenges.

Tax implications: What to know

Before you embark on your international telecommuting journey, it’s crucial to notify your employer. Any work-related accidents, regardless of where they occur globally, are considered occupational accidents.

The next significant hurdle is understanding the tax and social security implications. Typically, you pay taxes and social contributions in the country where you work. Therefore, it’s essential to familiarize yourself with any agreements Belgium has with your chosen country and navigate the administrative paperwork. The duration of your overseas telecommuting also plays a pivotal role.

Working within Europe: The concept of “detachment”

If you’ve set your sights on a European country, your remote work might fall under the “detachment” category. Jean-Luc Vannieuwenhuyse, a legal advisor at SD Worx, explains to Le Soir that there are specific European rules for detachment. Before starting, you must complete a form with the ONSS, allowing you to continue paying social contributions in Belgium and remain under Belgian social security. This document is mandatory, even if you’re telecommuting for a short period, say two weeks in Provence. Additionally, you might need to declare your work intentions in the chosen country to avoid hefty fines.

Venturing outside Europe: A trickier terrain

Working outside Europe introduces more complexities. Beyond securing a visa and work permit, it’s crucial to determine if Belgium has an agreement with your chosen country. While telecommuting from most countries is possible, there might be conditions, such as a maximum duration of six months.

Conclusion: Making an informed decision

The dream of working from a sun-soaked location is undoubtedly enticing. However, it’s essential to be well-informed about the legal and tax implications. By understanding the nuances and preparing accordingly, Belgians can enjoy the best of both worlds: the comfort of their foreign homes and the professional stability of their Belgian roots.

29/11/2023