Category: Légal

Légal

6 expert tips for choosing the right contractor

Choosing the right contractor for your construction or renovation project is crucial. The market is rife with stories of unscrupulous contractors who take hefty advances and then disappear or deliver subpar work. However, by taking certain precautions, you can minimize the risk of falling into such traps. This article provides six expert tips to help you make an informed decision when selecting a contractor.

1. Utilize government online tools

The government has recently launched an online tool called “JustBan.” This platform allows you to check if a contractor has been banned from managing a company. If they are on this list, it’s advisable to steer clear of them. You can search by name or company number on the site, using your e-id or Itsme. However, remember that not being on this list doesn’t automatically mean the contractor is reliable.

Understanding JustBan

– How to use JustBan effectively.
– Limitations of the JustBan tool.

2. Explore sector-specific lists

In the construction sector, online platforms like Embuild’s Build Your Home and Construction Quality list reliable contractors. These sites feature contractors who are members of Embuild and have no fiscal or social debts, and those who have earned a quality label.

Using online platforms

– How to navigate and use Embuild’s platforms.
– Evaluating contractors through these platforms.

3. Check for outstanding debts

Before engaging with a contractor, verify that they have no social or fiscal debts. Contractors with such debts might be financially unstable, risking the quality and completion of your project. You can easily check for debts by entering the contractor’s VAT number on a government website.

Debt verification process

– Step-by-step guide to checking debts.
– Understanding the implications of debts.

4. Review the contractor’s financial health

If the contractor is a company, you can likely review their financial statements on the national bank’s website. This review can give you insights into the company’s financial health, including equity, profits, or losses in recent years. However, be aware that financial statements don’t always tell the whole story.

Analyzing financial statements

– How to interpret financial data.
– Red flags to look out for.

5. Research the contractor online

A simple internet search can reveal a lot about a contractor’s reputation. While a single negative review shouldn’t be a dealbreaker, the overall sentiment of the reviews can be telling.

Online reputation management

– Tips for effective online research.
– Assessing the credibility of online reviews.

6. Be cautious with advances

Avoid paying high advances to contractors. Try to keep the advance as low as possible, as there’s a risk of losing it if the contractor goes bankrupt. Additionally, if a contractor’s quote is significantly lower than others, it could be a red flag. If it seems too good to be true, it probably is.

Managing payment advances

– Strategies for negotiating advances.
– Understanding the risks of high advances.

Conclusion: Making an informed choice

Selecting the right contractor is a critical decision in any construction or renovation project. By utilizing online tools, researching thoroughly, and being cautious with financial dealings, you can significantly reduce the risk of encountering a dishonest contractor. Remember, being informed and vigilant is key to ensuring a successful and stress-free project.

29/11/2023
Resolving neighborhood disputes: A comprehensive guide

Neighborhood disputes are a common occurrence, ranging from noise disturbances to issues like trees blocking sunlight. These conflicts can disrupt the harmony of a community and lead to significant stress for those involved. Understanding your rights and the available remedies is crucial in effectively resolving these disputes. This comprehensive guide will explore various solutions to common neighborhood troubles, ensuring you’re well-equipped to handle such situations.

Seeking financial compensation

If you’re experiencing excessive neighborhood trouble, approaching a magistrate or peace judge can be a viable option. In such cases, you can request financial compensation. This compensation is not just for the nuisance itself but also for the expenses incurred in taking compensatory measures to bring the disturbances down to a normal level.

Understanding legal recourse

– The process of seeking legal help.
– Types of compensation available.

Imposing prohibitions and injunctions

Another possible course of action is to seek an injunction to stop the activity causing the nuisance. Additionally, the court can order the implementation of measures on the property causing the disturbance to reduce it to an acceptable level. However, these measures should not create a new imbalance or prevent the normal use and enjoyment of the property.

Navigating legal measures

– How to obtain an injunction.
– Balancing measures without creating new issues.

Combining multiple measures

Don’t limit yourself to just one of these measures. Courts have the authority to pronounce a combination of measures to address the issue comprehensively. This approach ensures a more effective resolution, addressing various aspects of the dispute.

Strategic legal approaches

– Combining legal remedies for effective resolution.
– Tailoring solutions to specific neighborhood issues.

Preventive measures and legal precautions

The law also allows for the pursuit of preventive measures in court. This means you don’t necessarily have to wait for damage to occur before taking legal action. The prerequisite for such action is that a real estate property poses serious and evident risks in terms of safety, health, or pollution to a neighboring property, disrupting the balance between properties.

Proactive conflict resolution

– Understanding preventive legal measures.
– Identifying and addressing potential risks early.

Conclusion: Restoring peace in your neighborhood

Neighborhood disputes, while challenging, can often be resolved through a combination of legal measures and proactive approaches. Understanding your rights and the available legal remedies is crucial in effectively addressing these issues. Whether it’s seeking financial compensation, imposing prohibitions, or taking preventive measures, the key is to act thoughtfully and decisively. By doing so, you can restore peace and harmony in your neighborhood, ensuring a pleasant living environment for all involved.

Final thoughts: Navigating neighborhood challenges

Always remember that the goal is to achieve a harmonious living environment. While legal measures are available, it’s often beneficial to seek amicable solutions first. Open communication and understanding can go a long way in resolving disputes without escalating to legal proceedings. However, when necessary, the legal framework provides a structured approach to ensuring fair and just resolutions to neighborhood disputes.

28/11/2023
A comprehensive guide to mortgage loans for first-time homebuyers in Belgium

Owning a home is often regarded as a lifetime investment, and rightly so. It marks a significant milestone, and it’s essential to approach this endeavor with thorough preparation to avoid any pitfalls.

Christian Dubovan

Modern Tools for Mortgage Preparation

First-time homebuyers today are equipped with more tools than ever to prepare for their mortgage loan application. Banks like CBC offer dedicated websites and apps that allow potential homeowners to simulate borrowing based on their household budget.

Before diving into the mortgage process, it’s crucial to ask yourself several questions to determine how much you can borrow. Apps like CBC Touch and CBC Mobile assist in preparing your credit application, offering a range of simulations. Within a few clicks, you’ll gain insights into the amount you can allocate to your future home, its potential cost, monthly charges, and various associated expenses.

What Your Banker Needs to Know

After conducting these preliminary simulations and realizing the feasibility of your project, the next step is to schedule a meeting with your banker. This conversation requires preparation. To provide a credit proposal, the bank will need various details, including personal data, documents related to your real estate project, and income sources. It’s advisable to review a checklist before your first appointment. With CBC, these procedures can also be conducted remotely. You can submit your request online and receive a feasibility opinion on your project within 15 minutes—a significant time-saver for both parties!

What Comes Next?

Once your mortgage loan application is submitted—whether through your bank’s app, website, or directly with your banker—your application will be reviewed and analyzed. This process might span several days, culminating in an acceptance or rejection.

However, from your initial interaction with a bank, you can ascertain the interest rate offered. This crucial information allows you to compare offers from various institutions and select the one best suited to your circumstances.

The Importance of Insurance

A mortgage loan typically comes with a remaining balance insurance, which can be likened to life insurance. If you were to pass away before your mortgage term concludes, this insurance would cover the remaining balance, preventing your heirs from bearing the loan repayment burden.

But that’s not all! It’s only logical to ensure the property you’re about to acquire. Taking out a series of insurances is vital to safeguard against unforeseen events and avoid financial pitfalls. Apart from the remaining balance insurance, it’s highly recommended to have two separate policies. The first is home insurance, often referred to as fire insurance, which protects your property and/or belongings against various types of damages.

Beyond fire-related damages, a comprehensive base coverage also shields you from damages caused by explosions, lightning, storms, and adverse weather conditions. Additional coverages can be appended to the base policy, such as garden or pool insurance.

Several tools are available to simulate and evaluate the cost of your various insurance policies, ensuring you’re well-prepared and adequately covered.

Conclusion

Embarking on the journey of homeownership, especially as a first-time buyer in Belgium, can be both exciting and daunting. However, with the right tools, preparation, and understanding of the mortgage landscape, the process becomes more manageable and less intimidating. By leveraging modern tools, seeking expert advice, and ensuring adequate insurance coverage, you can navigate the Belgian real estate market with confidence and secure the home of your dreams.

26/11/2023
Can contractors limit their warranty? Know your rights

When you hire a contractor for construction or renovation work, they are legally obligated to provide a warranty for their work. However, a common question arises: can a contractor limit this legal warranty, perhaps in their general terms and conditions? Understanding the scope and limitations of such warranties is crucial for homeowners and real estate professionals alike.

Immediate visible defects

If you notice visible defects in the work done, such as cracked tiles, it’s important to report these at the time of delivery. Completion of work and its acceptance can be implicit, for example, if you take the keys without discussion or pay the final invoice without objection.

Reporting process

– Document the defects with photographs or videos.
– Report the defects in writing to the contractor as soon as possible.
– Keep a record of all communications for future reference.

Decennial liability

In the event of serious defects that compromise the stability or solidity of the building after completion, the contractor is responsible for these for ten years. This decennial liability cannot be contractually limited or excluded by the contractor. Any attempt to do so is considered invalid.

Understanding decennial liability

– Applies to major structural defects.
– The contractor is liable for 10 years post-completion.
– Limitations or exclusions in the contract are not valid.

Minor hidden defects

You can also hold your contractor responsible for minor hidden defects, which do not fall under decennial liability. These must be reported within a reasonable time after discovery. In case of a dispute, you must prove that the defect was present or imminent at the time of work completion, even if it was not visible then.

Contractual clauses on hidden defects

– General terms may set a timeframe for reporting minor hidden defects.
– Such clauses are often valid unless they excessively limit the contractor’s liability.
– A common practice is to limit the warranty period for minor hidden defects to one year after provisional acceptance.

Navigating warranty limitations

While contractors can set certain limitations in their general terms, these should not excessively restrict their liability. It is often accepted that the warranty period for minor hidden defects can be limited to up to one year following provisional acceptance.

Key points to consider

– Review the contractor’s terms and conditions carefully.
– Understand the limitations and timeframes set for reporting defects.
– Consult a legal expert if in doubt about the terms.

Protecting your rights as a homeowner

As a homeowner, it’s essential to be aware of your rights and the legal obligations of your contractor. While contractors can impose certain limitations through their general terms, these should not undermine your fundamental rights to quality workmanship and safety.

Steps to ensure protection

– Always have a written contract with clear terms.
– Understand the warranty provisions and limitations.
– Seek legal advice in case of disputes or unclear terms.

Conclusion

Understanding the nuances of contractor warranties is vital in the real estate sector. While contractors can limit their liability to an extent, certain fundamental responsibilities, especially concerning major structural defects, cannot be waived. As a homeowner or real estate professional, staying informed and vigilant about these aspects is key to protecting your interests and ensuring the quality and safety of your property.

In summary, while contractors can impose certain limitations on their warranties, these should not infringe upon the basic rights of homeowners to have structurally sound and safely constructed properties. Being aware of these legal nuances can save homeowners from future hassles and ensure that their real estate investments are secure.

25/11/2023
10 Steps to rent out your property in Belgium with ease

Renting out a house or apartment can be a lucrative venture. However, diving into the rental market without proper preparation can lead to disputes and disappointments. Here’s a comprehensive 10-step guide to help you rent out your property in Belgium successfully and with peace of mind. Follow these tips to avoid pitfalls and maximize your chances of finding a reliable tenant.

JeanLuc

1. Inspect and repair

Before listing your property, conduct a thorough inspection. Address any visible issues like cracks, dents, or faulty electrical wiring. This step not only makes your property more appealing but also prevents future complaints from tenants.

Key inspection areas

– Check for any structural damages.
– Ensure all electrical and plumbing systems are functioning correctly.
– Look for signs of dampness or mold.

2. Prioritize safety

Future tenants will appreciate your attention to safety. Ensure smoke detectors are working and install a fire extinguisher in the kitchen. This not only builds trust but also complies with safety regulations.

Safety enhancements

– Install carbon monoxide detectors if necessary.
– Ensure all locks and security systems are in good working order.
– Regularly test and maintain safety equipment.

3. Deep clean and neutralize

A clean and neutral space is more inviting. Deep clean the floors, windows, and carpets. Consider repainting the walls in neutral colors to make the property feel fresh and welcoming.

Cleaning tips

– Hire professional cleaners for a thorough job.
– Remove any personal items or decorations.
– Refresh any outdated or worn fixtures.

4. Decide on management

Choose whether to manage the property yourself or hire a professional agency. If managing yourself, ensure you have a valid rental contract. Agencies typically charge 4-12% of the rental amount but handle tenant search, rent collection, minor repairs, and eviction if necessary.

Management options

– Understand the pros and cons of self-management vs. agency management.
– If using an agency, research and choose a reputable one.
– Prepare all necessary legal documents.

5. Notify your insurance company

Inform your insurance company that you will no longer be living in the property. They will provide you with an appropriate insurance contract for a rental property.

Insurance considerations

– Update your property insurance to reflect its rental status.
– Consider requiring tenants to have renter’s insurance.
– Review and understand the coverage and limitations of your policy.

6. Set the right rent

Determine a competitive rent by comparing similar properties on Immovlan.be. Consider the type of property, location, amenities, and the time of year, as certain periods (March to June and September to October) are more favorable for renting.

Rent calculation strategies

– Analyze the local rental market for similar properties.
– Adjust the rent based on property features and location.
– Be flexible and realistic with your pricing.

7. Advertise on Immovlan.be

When placing your ad, describe your property in detail and include numerous photos. This increases the chances of attracting the right tenants.

Effective advertising techniques

– Use high-quality, clear photographs.
– Highlight unique features and amenities.
– Be honest and detailed in your property description.

8. Screen potential tenants

Thoroughly vet potential tenants. Check their rental history, solvency, and ask for relevant documents like pay slips or proof of previous rent payments. In Belgium, it’s legal to gather information on potential tenants as long as it’s proportional and relevant.

Tenant screening tips

– Contact previous landlords for references.
– Verify income and employment status.
– Avoid discriminatory practices in tenant selection.

9. Take time to reflect

Avoid rushing into agreements. Some prospective tenants may change their minds after signing a contract and paying a deposit, causing inconvenience and financial loss.

Decision-making advice

– Don’t rush into signing a lease.
– Consider all aspects of a potential tenant’s application.
– Be prepared for last-minute changes or cancellations.

10. Sign the contract

Once you find a suitable tenant, finalize the deal with a formal rental agreement. This protects the rights and responsibilities of both parties. If renting to a couple, have both individuals sign the contract, regardless of their marital status.

Contract essentials

– Ensure the contract is legally compliant and clear.
– Include all agreed-upon terms and conditions.
– Keep a signed copy for your records.

By following these steps, you’ll be well-prepared to rent out your property in Belgium securely and profitably. Ensure compliance with all laws and regulations for a hassle-free rental experience.

Remember to regularly update your listings and maintain open communication with your tenants to build a trusting relationship. Renting out your property can be a positive experience with the right measures in place from the start.

22/11/2023
Understanding the nuances between a purchase agreement and a notarial deed in Belgium

The process of buying or selling a property is often accompanied by a whirlwind of paperwork, legal jargon, and multiple stages of documentation. In Belgium, two critical documents play a pivotal role in this process: the purchase agreement (commonly known as “compromis” or “promesse d’achat”) and the notarial deed. While both documents are integral to the property transaction, understanding their nuances and ensuring consistency between them is paramount.

Gabrielle Henderson

The Significance of Each Document

At first glance, one might assume that a purchase agreement is merely a precursor to the more “official” notarial deed. However, this is a misconception. In the Belgian real estate landscape, both the purchase agreement and the notarial deed hold equal weight.

1. The Purchase Agreement

The purchase agreement is the initial formal document that outlines the terms and conditions agreed upon by both the buyer and the seller. It signifies the buyer’s intent to purchase the property and the seller’s intent to sell, given the conditions mentioned are met.

2. The Notarial Deed

Following the purchase agreement, the notarial deed is the official document that finalizes the property transaction. Drafted by a notary, it confirms the transfer of ownership from the seller to the buyer and ensures that all legal formalities are adhered to.

Why Consistency Matters

Discrepancies between the purchase agreement and the notarial deed can lead to potential legal complications. For instance:

1. Omitted Details

If specific details present in the purchase agreement are absent in the notarial deed, they are generally still considered valid unless the opposing party can prove their irrelevance. Similarly, any terms mentioned exclusively in the notarial deed but not in the purchase agreement are also binding.

2. Contradictory Terms

Challenges arise when the purchase agreement and the notarial deed contradict each other. In the absence of clarity on which document takes precedence, it can lead to uncertainties. Resolving such conflicts often requires diving deep into the intentions of both parties at the time of the agreement.

Ensuring a Smooth Transaction

To avoid potential disputes and ensure a seamless property transaction, consider the following steps:

1. Engage the Same Notary

It’s advisable to have the same notary draft both the purchase agreement and the notarial deed. This ensures consistency in terms and minimizes the chances of discrepancies.

2. Review the Drafts

Always take the time to thoroughly review the draft of the notarial deed sent to you. Ensure it aligns with the terms agreed upon in the purchase agreement.

3. Open Communication

Maintain open communication with all parties involved. If you have doubts or require clarifications, don’t hesitate to ask. Remember, it’s better to address concerns at the initial stages rather than face complications later on.

Conclusion

In the intricate world of real estate transactions, understanding the nuances of each document is crucial. While the purchase agreement sets the stage for the property transaction, the notarial deed seals the deal. Ensuring consistency between these documents is not just a matter of legal formality but a testament to the transparency and trust between the buyer and the seller.

As you navigate the Belgian real estate market, always prioritize clarity and consistency. By doing so, you’ll be better equipped to make informed decisions and enjoy a hassle-free property transaction.

20/11/2023
Navigating home repairs post-separation: Who pays?

When a relationship ends, and a shared home is involved, it can lead to complex situations, especially regarding the maintenance and repair of the property. Understanding who is responsible for these costs is crucial for both parties to move forward fairly and amicably.

Understanding property ownership post-separation

The period following a separation can be challenging, particularly when it comes to shared assets like a house. It’s common for one partner to continue living in the home while the other moves out, but the responsibility for the property remains a joint concern until it’s sold or legally transferred to one party.

Joint ownership and responsibilities

In cases of joint ownership, both parties are typically responsible for the maintenance and repair of the property. This responsibility continues until the ownership status changes, either through sale or legal transfer.

Living arrangements and repair obligations

The person residing in the home may assume responsibility for minor repairs and upkeep. However, significant repairs or improvements should ideally be a joint decision, especially if they impact the home’s value.

Reaching agreements on repairs and renovations

Communication is key when deciding on repairs or renovations in a jointly owned property post-separation.

Seeking written consent

If one party wishes to undertake significant repairs or renovations and expects the other to contribute financially, obtaining written consent is advisable. This agreement should ideally include details such as the scope of work and cost estimates.

Handling disagreements

In cases where the ex-partner disagrees with the proposed repairs or their financial contribution, options include not proceeding with the work, covering the costs independently, or seeking legal resolution.

Exceptions to the rule

There are exceptions where one party can unilaterally decide on certain actions without the other’s consent.

Acts of conservation and temporary administration

These acts refer to necessary measures taken to preserve the property’s value or prevent further damage. Examples include emergency repairs like fixing a leak. In such cases, the party undertaking the repair can request the other to pay their share.

Legal considerations and dispute resolution

Legal advice is crucial in navigating the complexities of property ownership and responsibility post-separation.

Understanding legal obligations

A legal expert can provide clarity on each party’s obligations, especially in situations where the separation agreement or property ownership terms are ambiguous.

Resolving disputes

In instances where mutual agreement is not possible, legal intervention may be necessary. This could involve mediation or court proceedings to determine each party’s responsibilities.

Planning for the future

Proactive planning can help mitigate disputes over property repairs and maintenance in the event of a separation.

Pre-separation agreements

Couples can consider drafting agreements that outline responsibilities for property maintenance and repairs in the event of a separation. This proactive approach can prevent misunderstandings and conflicts later on.

Financial planning for property upkeep

Setting aside funds for property maintenance and repairs can be part of joint financial planning, ensuring that resources are available when needed.

Conclusion

Navigating home repairs and maintenance in the aftermath of a separation requires clear communication, legal understanding, and, in some cases, compromise. By understanding each party’s responsibilities and seeking agreements where possible, ex-partners can manage their shared property effectively and fairly. In situations where mutual understanding is challenging, legal advice and intervention may be necessary to resolve disputes and ensure both parties meet their obligations.

19/11/2023
7 essential tips for tenants in the Belgian rental market

Renting a property in Belgium is a popular choice for many. However, before diving into this venture, there are several key questions and considerations to address.

Erda Estremera

1. Ensure the rent is reasonable

Before you start packing, it’s essential to ensure that the rent being asked for isn’t excessive. To make these comparisons, consider using online rent comparators. These tools provide a comprehensive overview of rent prices across different regions, helping you gauge if you’re getting a fair deal.

2. Check the contract duration

Before finalizing your move, carefully read the rental contract you’re about to sign. One primary point of focus should be the contract’s duration. Most rental agreements in Belgium are signed for a 3-year period. However, if no specific duration is mentioned, the default term will be 9 years. It’s also crucial to note the date by which the rent should be paid. Starting a lease on the wrong foot over a minor oversight can be avoided with due diligence.

3. Ensure the landlord registers the contract

The landlord is obligated to register the rental contract within two months of its signing. In some cases, they might ask you to handle this task. If so, know that you can easily complete this registration online.

4. Understand the rental guarantee

Before moving into your new place, you’ll likely need to provide a rental guarantee. This is a sum of money that will be returned to you at the lease’s end, provided you leave the property in good condition. While not legally mandatory, landlords often request this guarantee in one of two ways:

– A transfer of the total amount to a blocked account in your name.
– A bank guarantee where the bank fronts the guarantee amount, and you repay it over a maximum of 3 years.

Always discuss with the landlord to determine the best method for both parties and ensure it’s specified in the rental contract. Never pay the rental guarantee in cash or transfer it directly to the landlord’s account.

5. Conduct a thorough property inspection

A mandatory step in any rental process is the property inspection, which should be conducted within the first month of the lease and in the presence of both parties. This can be done independently or with the help of an expert. If no inspection is conducted, any new damages to the property are assumed not to be your fault.

6. Know the terms for terminating the lease

Found your dream apartment? The notice period will be outlined in your rental contract. If you’re in a 3-year lease (or shorter), you typically can’t terminate it early unless specified otherwise. For longer 9-year contracts, you can terminate with a 3-month notice. Always ensure to terminate your lease through a recommended method, with the notice starting from the first day of the following month.

7. The importance of rental insurance

As a tenant, you’re responsible for returning the property in the condition you found it, known as tenant liability. This means you (or your insurance) will cover damages like those from fires or water leaks. While tenants aren’t legally required to have rental insurance, most landlords request it. Generally, rental insurance covers personal belongings, while family insurance covers accidental damages caused by you or a family member.

Conclusion

Renting in Belgium, like anywhere else, comes with its set of challenges and considerations. By being well-informed and understanding your rights and responsibilities, you can ensure a smooth and hassle-free rental experience.

17/11/2023
What happens to your partner’s house when they die? A guide for cohabitants in Belgium

Navigating the complexities of inheritance can be challenging, especially when you’re cohabiting with a partner. The situation becomes even more complicated if you’re living in your partner’s house. What happens to the property if your partner passes away? Do you have any legal rights to the house or apartment? Let’s delve into the intricacies of inheritance laws for cohabitants in Belgium.

Matt Bennet

Legal cohabitation vs. de facto cohabitation

In Belgium, there are two types of cohabitation: legal and de facto. Legal cohabitants have some limited inheritance rights, while de facto cohabitants have none. Understanding the difference between the two is crucial for knowing your rights.

Legal Cohabitants: If you’re legally cohabiting, you inherit the usufruct of the family home and its contents. Usufruct means you have the right to use the property and benefit from it, but you don’t own it.

De Facto Cohabitants: If you’re cohabiting without any legal arrangement, you have no legal rights to the property if your partner passes away.

The role of a will

Your partner can alter the standard inheritance rules by drafting a will. In the will, they can grant you specific rights to the property. However, there are limitations to what your partner can bequeath to you.

Limitations: Your partner can’t infringe upon the reserved portion of certain heirs, such as their children or grandchildren, who must receive at least half of the estate.

Acquisition clause

If you and your partner purchase a property together, you can include an acquisition clause in the agreement. This clause states that if one partner dies, their share of the property will go to the surviving partner.

Additional considerations

Testamentary freedom

While your partner has the freedom to draft a will, it’s essential to note that they can also disinherit you. A will can explicitly state that you do not have the right to inherit the usufruct of the property.

Legal procedures

If you find yourself in a situation where your partner has passed away, and you’re facing disputes with other heirs, legal procedures may be necessary. Consulting a lawyer specializing in inheritance law can provide valuable guidance.

Financial implications

Inheriting usufruct or full ownership of a property comes with financial responsibilities, such as property taxes and maintenance costs. Make sure you’re financially prepared to take on these obligations.

Alternative arrangements

If you’re concerned about your lack of inheritance rights, consider other arrangements like life insurance policies where you’re the beneficiary. This can provide financial security in the event of your partner’s death.

Conclusion

Inheritance laws for cohabitants in Belgium can be complex and vary depending on whether you’re legally cohabiting or not. Legal cohabitants have limited rights to inherit usufruct, while de facto cohabitants have no legal rights to the property. A will can alter these standard rules, but it comes with its limitations.

Final Thoughts: Understanding your inheritance rights as a cohabitant is crucial for planning your future. Consult legal experts to navigate the complexities of inheritance laws and consider alternative arrangements for financial security.

14/11/2023
The cost of not declaring your renovation works? It’s about to get steep!

Renovating a property is an exciting venture, often leading to enhanced comfort, aesthetics, and property value. However, with the thrill of transformation comes the responsibility of legal compliance. In Belgium, homeowners are required to declare any significant renovation works to the cadastre. Failing to do so can lead to substantial penalties, and recent changes have made these fines even more daunting.

Tripled fine amounts

Gone are the days when the maximum penalty for not declaring renovation works was a mere 1,250 euros. The authorities have now upped the ante, with fines that can reach up to 3,000 euros for non-compliance. This significant increase aims to ensure that homeowners consistently report any works carried out on their properties.

30-day declaration window

Once the renovation is complete, the clock starts ticking. Homeowners have a 30-day window to report any construction or renovation to the cadastre. This stipulation is in place because renovations can significantly impact a property’s value, subsequently affecting its rental value.

Effects on the cadastral income

The cadastral income is a crucial factor in determining taxes. If a property’s value increases due to renovations, the cadastral income must be adjusted accordingly. Overlooking this declaration can lead to fines ranging between 1,000, 2,000, and 3,000 euros, depending on the new cadastral value of the property.

Which renovations are in the spotlight?

Not all renovations impact the value of a property. For instance, installing solar panels doesn’t necessarily alter a property’s worth. However, certain renovations, such as refurbishing a bathroom or converting an attic into a livable space, can significantly influence a property’s value. Such renovations need to be declared to the cadastre.

Why the emphasis on declaration?

The government’s move to increase fines is not arbitrary. It’s a reflection of the importance of maintaining an accurate record of property values within the country. Accurate cadastral values ensure that homeowners pay the correct amount of taxes, which in turn supports public services and infrastructure.

Moreover, from a homeowner’s perspective, declaring renovations can be beneficial. It provides an official record of improvements made to the property, which can be advantageous during resale negotiations.

Conclusion

While the excitement of renovating a home can be overwhelming, it’s essential not to overlook the legal obligations that come with it. The increased fines serve as a reminder of the importance of declaring renovations. By staying compliant, homeowners can enjoy their newly renovated spaces without the looming threat of hefty penalties.

For those planning renovations or who have recently completed them, it’s advisable to consult with legal or real estate professionals to ensure all declarations are correctly made. After all, a little diligence now can save a lot of financial strain later.

12/11/2023