Category: Légal

Légal

Understanding exterior insulation permits in Belgium by region

Belgium, with its rich architectural heritage and diverse landscapes, is a country where homeowners often look to upgrade and renovate their properties. One such renovation, especially pertinent given the global emphasis on energy efficiency, is exterior insulation. However, before embarking on this project, it’s crucial to understand the legalities surrounding it. Specifically, do you need an urban planning permit (permis d’urbanisme) for such renovations?

Regional Differences in Permit Requirements

In Belgium, as with many regulations, the answer isn’t straightforward and largely depends on the region where the property is located.

Flanders and Brussels: In both these regions, an urban planning permit is typically required for any work that alters the appearance of a facade visible from public spaces. This means if your renovation changes how your house looks from the street or any public area, you’ll likely need a permit.

Wallonia: This region is a bit more lenient. Most facade renovation works in Wallonia don’t require a permit. However, there are exceptions, especially in certain municipalities. It’s always a good idea to check local regulations before starting any work.

How to Navigate the Permit Process?

The most straightforward approach to ensure you’re compliant is to consult with your local municipal administration. They can provide clarity on local legislation and inform you whether an urban planning permit is necessary for your specific project. Remember, for individuals, it’s the Municipal College (Collège communal) that issues these permits.

If you’re unsure or find the process daunting, consider hiring a professional insulation expert. They can not only guide you through the insulation process but also assist with any required permit applications.

Specific Rules to Keep in Mind

While the need for a permit is essential, there are other regulations to consider:

In Flanders and Brussels: If your facade or wall is visible from public spaces, not only do you need a permit, but there are also specific rules about the insulation material’s appearance. For instance, in the northern part of the country, the insulation layer’s thickness cannot exceed 26 cm. However, for walls not visible from the street, you can generally proceed without a permit.

In Wallonia: The rules are more relaxed. A permit isn’t typically required when insulating a facade from the outside. But there are conditions. The chosen insulation material should resemble the original facade’s external appearance, and the added thickness should not exceed 30 cm.

Conclusion

Exterior insulation is a fantastic way to enhance your home’s energy efficiency and comfort. However, navigating the permit process in Belgium can be complex due to regional variations. Always consult with local authorities or hire a professional to ensure you’re compliant. Investing time in understanding these regulations can save you potential legal hassles and ensure your renovation goes smoothly.

07/11/2023
Terminating short-term leases in Belgium: A comprehensive guide

Navigating the complexities of the real estate market can be challenging, especially when it comes to understanding the nuances of lease agreements. In Belgium, the rules surrounding the termination of short-term leases vary depending on the region. Whether you’re a tenant or a landlord, it’s essential to be informed about your rights and responsibilities.

Juli Kosolapova

Terminating short-term leases: what you need to know

Flanders

If you’re renting a property in Flanders for a short duration (up to three years), you, as a tenant, have the right to terminate the lease at any time, provided you give the necessary notice. Once the notice is given, the landlord is entitled to compensation equivalent to one and a half, one, or half a month’s rent, depending on whether the lease ends in the first, second, or third year, respectively.

However, landlords in Flanders cannot prematurely terminate the lease, even if they wish to move in or undertake renovation works.

It’s crucial to note that the lease doesn’t automatically end after the agreed duration. If either party wishes to terminate the lease at the end of the stipulated period, a notice must be given at least three months before the contract’s expiration.

Wallonia

In Wallonia, the rules are slightly different. Like in Flanders, tenants can terminate the lease at any time with a three-month notice. However, the compensation to the landlord is one month’s rent.

Contrary to Flanders, landlords in Wallonia can sometimes terminate the lease prematurely, especially if they or a family member wish to move into the property. This is only possible after the first year of the lease, with a three-month notice and compensation equivalent to one month’s rent.

Again, the lease doesn’t automatically conclude at the end of the contract. Either party wishing to end the lease must give a notice at least three months before the contract’s expiration, unless the lease duration is three months or less.

Brussels

For properties located in the Brussels region, tenants can terminate the lease with a three-month notice and a compensation of one month’s rent. Landlords can also end the lease prematurely if they or certain family members wish to move in. This can only be done after the first lease year, with compensation equivalent to one month’s rent.

Whether a notice is required by either party depends on the contract’s duration. For leases less than six months, the contract ends automatically. However, leases of six months or longer require a three-month notice from either party before the agreed duration ends.

What if the lease isn’t registered?

If the landlord hasn’t registered the lease, tenants can typically terminate it without giving notice and without any compensation. However, depending on the property’s region, the landlord might first need to be formally requested to register the lease.

Conclusion

Understanding the intricacies of lease agreements in Belgium can be daunting, but being informed is the key to a smooth rental experience. Whether you’re a tenant or a landlord, knowing your rights and responsibilities ensures that both parties are protected and any potential disputes can be avoided.

04/11/2023
6 essential rules for mailbox placement in Belgium

So, you’ve just moved into a new home in Belgium and you’re wondering whether it’s essential to put your name on the mailbox. You’re not alone; it’s a common question among new residents. The answer to this question is governed by a Ministerial Decree published in the Belgian Official Gazette on June 1, 2007. Let’s break down the six key points of this regulation.

Pawel Czerwinski

Location

Your mailbox must be located at the edge of the roadway. Additionally, if your house number includes at least four mailboxes (officially assigned by the municipal authority), these boxes can either be placed on the front door or on the ground floor in a well-lit and easily accessible location.

Accessibility

Access to the mailbox should always be free and safe. This means no obstructions or hazards should be present that could impede the mail carrier from delivering your mail.

Dimensions

The opening of your mailbox should be at least 23 cm wide and 3 cm high. These dimensions are designed to accommodate most types of mail, including larger envelopes and small packages.

Height

The mailbox opening should be situated at a height ranging from 70 to 170 cm. This is to ensure that the mail carrier can easily reach it without straining.

House number

Your house number must be visible from the location of the mailbox. If it’s not visible, your mailbox should also display your house number. This is crucial for accurate mail delivery.

Box number

If a house number includes more than one mailbox, each box must be identified by its box number. This number is assigned by your municipality and should be clearly and visibly mentioned on or near the corresponding mailbox. The box number is part of the legal address, just like a street name or house number.

Should you put your name on the mailbox?

While it’s not mandatory to indicate the names of all residents on the mailbox, it’s highly recommended. Why? Simply to make the mail carrier’s job easier. Without a name on your mailbox, there’s a good chance the mail carrier will leave with the mail addressed to you, not knowing if the box is indeed yours. So, it’s in your best interest to “name” your mailbox if you want to receive the letters and packages intended for you.

Additional tips

Visibility

Make sure that your name and box number are written in clear, legible letters. This not only aids the mail carrier but also ensures that you don’t miss out on important mail.

Security

While it’s important to make your mailbox accessible, don’t compromise on security. Ensure it has a sturdy lock to prevent mail theft.

Regular checks

Make it a habit to regularly check your mailbox. This is especially important if you’re expecting important documents or packages. A full mailbox can be a sign to potential burglars that the house is unoccupied.

Updates

If you move out or change your name, make sure to update the information on your mailbox. This is not just courteous to the new residents; it’s also crucial for ensuring that your mail goes to your new address.

Conclusion

Understanding the rules and recommendations for mailbox placement and labeling in Belgium can save you a lot of hassle. It ensures that your mail is delivered accurately and securely. While some of these rules might seem trivial, they play a significant role in the efficient functioning of mail delivery services. So, take the time to set up your mailbox correctly; it’s worth it.

Final Thoughts: Setting up a mailbox might seem like a minor task, but it’s one that comes with its own set of rules and best practices. By following these guidelines, you’re not just making life easier for your mail carrier; you’re also ensuring that you receive your mail promptly and securely.

04/11/2023
Navigating the “family loan” for first-time homebuyers in Belgium

In today’s challenging real estate market, many young individuals dream of owning their first home but often face financial barriers. Banks might perceive their capital as insufficient, making the home-buying journey even more daunting. However, various solutions can assist these young buyers in bolstering their loan applications. One such innovative solution is the “family loan.”

The Struggle of Young Households

An increasing number of young households find it challenging to navigate the process of acquiring their first property. For most first-time buyers, finding a house or even an apartment within their budget seems like an insurmountable task. Often, even couples with dual incomes find themselves reliant on external financial assistance to make a purchase. In such scenarios, parents typically come to the rescue.

Several strategies can be employed to assist these young buyers. Parents might consider:
– Making a financial donation, often viewed as an advance on inheritance.
– Gifting real estate assets, which might involve donation rights.
– Covering renovation costs.
– Acting as a guarantor for the loan.

For those lacking adequate personal funds, other options include total loans, mortgage assignments, investor groups, online co-investments, third-party assistance, and the pivotal “family loan,” which we’ll delve into further.

A Timely Financial Boost

Since 2020, the National Bank of Belgium has mandated that banks should not grant a mortgage loan exceeding 90% of the property’s value. Additionally, incorporating notary fees into the loan has become increasingly challenging. Given these constraints, familial support becomes crucial for young individuals aiming to purchase their first home. However, not all assisting parents are willing or able to dip into their savings to help their children.

In such situations, considering a mortgage loan simulation can be beneficial. Introduced by several banking institutions since September 2020, this allows individuals to borrow, in the form of an installment loan, an amount ranging from 10,000 to 50,000 €, primarily to cover notary fees. This can be a significant relief for young buyers on a tight budget. Moreover, depending on the parents’ situation, they can also mortgage their property. Specifically, once the child’s property equity reaches 90% of the remaining balance value, the mortgage guarantee can be transferred to their property. However, it’s essential to note that this loan should not exceed 50% of the parents’ total loan debt ratio.

Benefits of the “Family loan”

The “family loan” offers a plethora of advantages:
– It provides a financial cushion for first-time buyers, enabling them to navigate the property market more confidently.
– Parents can support their children without depleting their savings.
– It fosters a sense of financial responsibility and planning among young buyers.
– The flexibility of the “family loan” ensures that the loan aligns with the buyer’s financial situation and the property’s value.

Conclusion

The Belgian real estate market, like many others globally, poses challenges for first-time buyers. However, with innovative solutions like the “family loan,” young individuals can realize their dream of homeownership. By leveraging familial support and understanding the various financial tools at their disposal, the path to buying that dream home becomes clearer and more achievable.

If you’re intrigued by this innovative loan formula and wish to explore it further, consider reaching out to our partner, Mes-Finances.be, for more insights and guidance.

20/10/2023
Navigating construction contracts: Clauses to reconsider before signing

Embarking on a construction project is a significant commitment, both financially and emotionally. One of the most crucial steps in this journey is selecting a contractor and agreeing on the terms of engagement. Often, the contractor will present you with a construction contract or a specification sheet filled with numerous contractual clauses. While these documents are standard in the industry, it’s essential to approach them with a discerning eye. Some clauses, often buried in the fine print, might be more beneficial to the contractor than to you, the client.

Gabriekke Henderson

Understanding the contractor’s perspective

When disputes arise between homeowners and contractors, the latter often turns to their general terms and conditions to tip the balance in their favor. These conditions are frequently drafted unilaterally, heavily favoring the contractor. Therefore, it’s paramount to scrutinize the contract and its general conditions before putting pen to paper. Remember, the more eager the contractor is to start the project, the more likely they are to agree to remove certain clauses.

Price adjustments

If you’ve agreed on a fixed price with your contractor, be wary of clauses in the initial contract that allow them to hike the construction cost. Such increases might be attributed to rising material costs or labor hours. While it’s understandable that unforeseen circumstances can affect project costs, it’s wise to eliminate such open-ended clauses. Instead, opt for clear terms that specify any conditions under which price adjustments can be made.

Advance payments and interim billings

Check if the contractor demands an upfront payment or plans to send interim invoices. It’s advisable to steer clear of paying an advance. If your contractor goes bankrupt before or during the construction, you stand a chance of losing your money. Also, ensure that if the contractor bills in installments, the amount they’re charging aligns with the value of the work already completed.

Limiting liability

Another critical area to inspect is clauses that limit the contractor’s liability. Assess whether you’re comfortable with these limitations. For instance, remove any clause suggesting that by moving into the house, you’re implicitly accepting the work done. Also, check if the contractor sets a cap on the compensation you might claim from them.

Seeking legal counsel

While it’s essential to be proactive and informed, it’s equally crucial to seek expert advice. Engaging a lawyer who specializes in real estate or construction can provide invaluable insights. They can guide you through the contract, highlighting potential pitfalls and suggesting amendments to ensure your interests are protected.

Conclusion

A construction contract is more than just a piece of paper; it’s a binding agreement that outlines the expectations and responsibilities of both parties. By understanding and negotiating its terms, you can embark on your construction journey with confidence, knowing that your interests are safeguarded. Remember, a fair contract lays the foundation for a successful project and a lasting relationship with your contractor.

19/10/2023
Mastering the art of hedge planting: Tips and legal guidelines

Planting a hedge can be a rewarding experience, both aesthetically and functionally. A well-maintained hedge can provide privacy, act as a windbreak, and enhance the beauty of your property. However, before you start digging, it’s essential to be aware of the rules and best practices surrounding hedge planting in Belgium.

Understanding the legal height of a hedge

The height of a hedge can be a contentious issue, especially if it obstructs a neighbor’s view or sunlight. Here are the national guidelines you should be aware of:

– For hedges located near a road intersection, the height cannot exceed one meter.
– If the hedge is planted less than 2 meters from your neighbor’s property, it should not surpass 2 meters in height.
– Hedges planted more than 2 meters away from the boundary are not restricted in height.

However, these are national rules, and local municipalities might have their own regulations. It’s always a good idea to check with your local council before planting.

Where can you plant a hedge?

If you and your neighbor mutually decide to plant a hedge between your properties, you can place it right on the boundary line. This hedge then becomes a joint property, and both parties share the responsibility of its maintenance. While the legal height should be adhered to, beyond that, each neighbor has the freedom to manage their side of the hedge. It’s essential to have clear communication and agreement to maintain harmony.

On the other hand, if you wish to plant a hedge independently, there are additional rules to consider. For instance, you cannot plant it less than 50 cm from the property boundary.

Planting a hedge against a fence or wall

Planting a hedge adjacent to a fence or wall is permissible. However, the hedge’s height should not exceed that of the fence. It’s crucial to discuss this with your neighbors and get their consent. Documenting the agreement can be beneficial in case of future disputes. Remember, new neighbors might have different views, so it’s always good to revisit and reaffirm agreements.

Steps to plant a hedge

A natural hedge is typically planted using bare-root plants. It’s advisable to use plants that are approximately 80 cm tall for best results.

The ideal time to plant a hedge is from early November to late March. This period is when plants are dormant, ensuring better growth and survival rates. Here are some steps to guide you:

1. Preparation: Once you’ve purchased your plants, plant them as soon as possible to prevent the roots from drying out or freezing.
2. Digging: Create a trench about 40 cm wide and deep. Loosen the soil well to facilitate root growth.
3. Soil enrichment: Adding compost and bone meal can significantly boost the hedge’s growth and health.
4. Planting: Typically, planting four plants per meter will yield a dense and lush hedge.
5. Watering: After planting, ensure the hedge receives adequate water, especially if rainfall is scarce.

Conclusion

Planting a hedge is more than just a gardening activity; it’s an investment in the beauty and functionality of your property. By following the tips and adhering to the legal guidelines, you can ensure that your hedge not only thrives but also coexists harmoniously with neighbors and the environment.

17/10/2023
Brussels: Evicting a tenant just got more challenging!

Brussels, the vibrant capital of Belgium, has always been a hub for real estate activities. However, recent changes in the region’s housing regulations have made it more challenging for landlords to evict tenants, especially in cases of unpaid rent. These changes aim to strike a balance between the rights of tenants and the interests of property owners. Let’s delve into the details of these new regulations and what they mean for landlords in Brussels.

New Regulations in Force

Effective from August 31, a new ordinance has been implemented in Brussels, imposing additional obligations on landlords. Whether it’s about recovering rent arrears or evicting a tenant, landlords now have to navigate through a more stringent process.

No Evictions During Winter

One of the most significant changes brought about by this ordinance is the winter eviction ban. Landlords are prohibited from evicting tenants from November 1 to March 15. This move is aimed at ensuring that tenants aren’t left without shelter during the cold winter months.

However, there are exceptions to this rule. Evictions can still take place during this period if:
– The tenant secures alternative accommodation.
– The tenant’s behavior poses a threat, making the property uninhabitable.
– The landlord needs to occupy the property due to unforeseen and compelling reasons.

Compensation for Landlords

While the new regulations might seem tilted in favor of tenants, there are provisions to safeguard the interests of landlords. If a tenant continues to default on rent payments, landlords can seek compensation from a solidarity fund. However, to claim this compensation, landlords must initiate a legal procedure. The exact amount of compensation is then determined by the court.

Recovering Rent Arrears

The ordinance also introduces new procedural rules for landlords seeking to recover unpaid rent. Before initiating any legal action, landlords must first send a written formal notice to the tenant. This notice must be sent at least a month before starting the legal process. Additionally, the notice must contain specific mandatory details, ensuring that the tenant is fully informed about the impending action and their rights.

Implications for Landlords

These new regulations underscore the importance of clear communication between landlords and tenants. Landlords must be proactive in addressing any rent-related issues and should consider mediation or negotiation before resorting to legal action.

Furthermore, landlords should be well-informed about the new regulations and seek legal counsel if necessary. Being aware of the rights and obligations can help in making informed decisions and avoiding potential legal pitfalls.

Conclusion

The real estate landscape in Brussels is evolving, with a clear emphasis on protecting the rights of tenants. While this might pose challenges for landlords in the short term, it also offers an opportunity to foster better landlord-tenant relationships. By understanding the new regulations and adapting to them, landlords can ensure a smoother rental experience, minimizing conflicts and ensuring a win-win situation for all parties involved.

11/10/2023
Can you raise the rent after installing solar panels?

The global shift towards sustainable energy solutions has made solar panels an attractive option for many property owners. Not only do they reduce electricity bills and carbon footprints, but they also potentially increase the value of the property. But if you’re a landlord in Belgium, you might be wondering: Can I raise the rent after installing these panels? Let’s dive into the regulations across the three Belgian regions.

Saria Nepriakhina

Reaching an agreement with your tenant

Before making any changes, it’s crucial to discuss your plans with your tenant. Open communication can prevent misunderstandings and disputes down the line. If both parties agree to the rent increase due to the solar panel installation, it’s essential to document this agreement in writing. Ensure that the tenant signs the document to indicate their approval.

Rules by region

Belgium’s three regions – Brussels, Flanders, and Wallonia – have distinct regulations concerning rent adjustments after property improvements.

Brussels and Flanders

For rental contracts signed after January 1, 2019, in both Brussels and Flanders, landlords can increase the rent without any formalities. However, in Brussels, a few conditions apply:
– You must inform your tenant at least one month before the commencement of the solar panel installation.
– The rent adjustment is only permissible for leases that last nine years or more.
– Rent can be increased only once every three years.

Wallonia

In Wallonia, landlords and tenants must mutually agree on the rent increase, and this can only occur after a three-year period. The same rule applies to properties in Flanders with leases signed before January 1, 2019.

What if there’s no agreement?

Disagreements can arise, especially when it comes to financial matters. If you haven’t reached a prior agreement with your tenant and they refuse a rent increase post-installation, you have legal recourse. Under specific conditions, you can approach the court to request a rent review. This is feasible if the standard rental value, due to the solar panel installation, exceeds the agreed rent by 10%.

Benefits of solar panels for tenants

While landlords see the financial benefits of solar panels in terms of property value, tenants also stand to gain. Here are some points you can highlight to your tenant when discussing a potential rent increase:
– Reduced electricity bills: Solar panels can significantly cut down on electricity costs, leading to monthly savings.
– Eco-friendly living: Tenants can take pride in contributing to a greener planet.
– Consistent power supply: In areas prone to power outages, solar panels can provide a consistent power source.

Conclusion

Installing solar panels on your rental property is a commendable step towards sustainable living. While it’s an investment, it can also lead to increased rental income. However, it’s essential to understand the regional regulations in Belgium and maintain open communication with your tenant. By taking a collaborative approach, both parties can benefit from this green energy solution.

09/10/2023
The benefits of expert assistance when buying an off-plan apartment

Buying an apartment off-plan is an exciting venture. You get the opportunity to own a brand-new property, tailored to the latest standards and designs. However, as the construction reaches its completion, there’s a crucial step that every buyer should be aware of: the provisional acceptance. This process can be daunting, especially for first-time buyers or those unfamiliar with construction intricacies. Here’s where the expertise of a building expert or an architect can be invaluable.

Spotting the obvious flaws

The provisional acceptance is the stage where you, as the buyer, are required to identify and report any visible defects in the apartment. Overlooking this step can have significant repercussions. If you fail to highlight these issues, it’s assumed that you’ve accepted the property in its current state, flaws and all. This means that you lose the right to raise these concerns later on. Moreover, this acceptance process also ensures that the apartment is sufficiently completed to move to the next phase.

The value of expert assistance

Unless you have a background in construction or real estate, identifying structural or cosmetic flaws in a new apartment can be challenging. This is where the expertise of a building expert or architect becomes invaluable. These professionals have a keen eye for detail and can spot issues that might escape the untrained eye.

Why consider expert assistance?

1. Objective Assessment: An expert provides an unbiased evaluation of the property, ensuring that emotions don’t cloud judgment.
2. Technical Knowledge: They understand construction standards and can easily identify if any aspect of the apartment doesn’t meet the required criteria.
3. Documentation: Experts can help in documenting all identified issues, ensuring they are adequately addressed in the provisional acceptance report.

Considering the costs

While hiring an expert or architect might seem like an additional expense, it’s essential to weigh this cost against potential future problems. If defects go unnoticed during the provisional acceptance and you proceed without expert guidance, the long-term costs of addressing these issues can be significantly higher.

Before hiring an expert, it’s advisable to:

1. Get a clear quote: Understand the full scope of their services and the associated costs.
2. Check their credentials: Ensure they have the necessary qualifications and experience in the field.
3. Seek recommendations: If possible, get references from previous clients to gauge the quality of their services.

Conclusion

Investing in an off-plan apartment is a significant commitment, and ensuring that you get value for your money is paramount. While the excitement of owning a new property can be overwhelming, it’s crucial to approach the provisional acceptance with diligence. Having an expert by your side can make this process smoother, ensuring that your new home is free from defects and meets all the required standards. In the world of real estate, it’s always better to be safe than sorry.

08/10/2023
Can you use recorded conversations as evidence in Belgian real estate disputes?

In the realm of real estate, disputes are not uncommon. Whether you’re dealing with a contractor, a tenant, or a buyer, conflicts can arise that may require legal intervention. One question that often comes up in these situations is whether you can use a recorded conversation as evidence in a legal dispute. In this article, we’ll delve into the legalities and practicalities of using recorded conversations as evidence in Belgium.

Norwood Themes

Understanding the law

In Belgium, the law generally does not prohibit you from recording a conversation you are part of and using it as evidence, even if the other party is unaware of the recording. However, the other party could argue that you’ve violated their privacy by recording the conversation without their consent.

When is it admissible?

The court ultimately decides whether the recorded conversation can be used as evidence. This decision takes into account various factors, such as the content of the conversation and the circumstances under which it took place. For instance, in disputes with contractors, courts often rule that recorded conversations can indeed be used as evidence. However, the situation may differ when dealing with tenants or private buyers.

How to use recorded conversations

Preservation

If you’ve recorded a conversation, it’s crucial to save it securely. Whether it’s a significant discussion or a brief phone call, it’s advisable to involve a bailiff who will establish a formal report. This lends credibility to the recording and ensures that it meets legal standards.

Submission

When presenting the recording as evidence, it’s best to do so yourself. This adds a layer of authenticity and allows you to explain the context in which the recording was made, which can be vital in swaying the court’s decision.

What can you prove?

Recordings can serve as evidence for various claims. In the case of a contractor, you can use it to prove the existence of a contract. For private individuals, if the contract’s value exceeds 3,500 euros, written proof is generally required. However, a recorded conversation can still serve as supplementary evidence.

Privacy concerns

Violation of privacy

While the law may permit recording conversations, the other party could argue that you’ve violated their privacy. This is especially relevant in cases involving tenants or private buyers, where personal matters may be discussed.

Consent

Although not legally required, obtaining the other party’s consent before recording can help mitigate privacy concerns. This can be particularly useful in cases where the conversation’s content could be considered sensitive.

Conclusion

Navigating the complexities of real estate disputes can be challenging. While recorded conversations can serve as powerful evidence, it’s essential to understand the legal and ethical implications. Always consider the context and the parties involved, and when in doubt, consult legal experts to guide you through the process.

Final Thoughts: Real estate disputes can be stressful and complicated. However, understanding the tools at your disposal, such as recorded conversations, can empower you to protect your interests effectively. Just be sure to tread carefully and consider the legal ramifications before hitting the record button.

07/10/2023