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Category: Légal

Légal

  • Understanding conditional clauses in real estate offers

    Purchasing a property is a significant decision, often involving large sums of money and long-term commitments. To safeguard their interests, buyers frequently include conditional clauses in their offers. One of the most common conditions relates to obtaining financing or a mortgage.

    The Basics of Conditional Clauses

    When a conditional clause regarding obtaining a loan is included in the purchase offer, it typically states that the condition is deemed met unless the buyer provides a certificate from one or multiple banks indicating their inability to secure a loan. If the buyer fails to provide this bank certification, the purchase becomes binding—even if they can’t obtain the necessary financing.

    What’s the Maximum Timeframe?

    Sellers naturally want clarity as soon as possible regarding the sale’s status. They often push for the shortest possible timeframe for the buyer to fulfill or waive conditions. In practice, this period usually ranges from two to three weeks. However, as a buyer, it’s in your best interest to have as much time as possible. Aim for a one-month period if you can negotiate it.

    What If the Timeframe Isn’t Enough?

    There are instances where the stipulated timeframe might prove insufficient. Maybe you couldn’t visit the bank in time, or perhaps the bank is taking longer than expected to process your loan application. In such cases, you can approach the seller and request an extension for the conditional period. If they decline, it’s crucial to press your bank for a swift decision.

    However, if you genuinely find the timeframe unreasonable and couldn’t get a bank decision within that period, you might consider legal recourse. Arguing in court that the given period was “unreasonable” is an option. But be cautious: judges might not always be sympathetic to this argument.

    Protecting Your Interests

    Including a conditional clause in your real estate offer is a strategic move. It offers a safety net, ensuring you’re not bound to a purchase you can’t finance. While it’s essential to negotiate a reasonable timeframe for these conditions, it’s equally crucial to act promptly. Engage with your bank early, understand their requirements, and ensure you’re in a position to make a confident decision about your property purchase.

    Seeking Expert Advice

    If you’re unsure about the intricacies of conditional clauses or need assistance navigating the real estate buying process, consider seeking expert advice. Real estate agents, brokers, and legal professionals can provide valuable insights, ensuring your property buying journey is smooth and hassle-free.

    Conclusion

    Real estate transactions can be complex, with various factors to consider. Conditional clauses offer a layer of protection, ensuring buyers aren’t trapped in deals they can’t fulfill. By understanding the importance of these clauses and the associated timeframes, buyers can make informed decisions, ensuring their property dreams become a reality.

  • Installing cameras on construction sites: What Belgian law says

    Whether you’re embarking on a new construction project or diving into a renovation, the idea of installing a camera on your site might have crossed your mind. Cameras can be a potent tool, not just for monitoring progress but also for ensuring the safety and security of your property. But the question arises: Is it legal to do so in Belgium?

    camera
    Alan J Hendry

    Why consider cameras for construction sites?

    The primary reason many opt for cameras on their construction or renovation sites is to prevent theft and vandalism. Construction sites, with their plethora of tools, machinery, and sometimes even materials like copper, can be a tempting target for thieves. A camera acts as a deterrent; the mere presence of it can dissuade potential criminals. And if an incident does occur, the footage can provide valuable evidence to identify the culprits.

    Understanding the Belgian law on surveillance cameras

    If you’re considering installing a camera on your site in Belgium, it’s crucial to be aware of the legal landscape. The country has specific regulations concerning the use of surveillance cameras, encapsulated in the “law on surveillance cameras.”

    Real vs. Dummy Cameras

    Interestingly, if you’re using a dummy camera – one that doesn’t record footage but is merely used as a deterrent – the stringent obligations of the surveillance camera law don’t apply. However, if you’re using a real camera, there are several rules you must follow.

    Camera Placement

    One of the first things to consider is the camera’s placement. The law mandates that cameras should be set up in such a way that they capture as little of the public road and neighboring properties as possible. This means you can’t point your camera directly at the street or public parking spaces near your site. Instead, focus the camera on the construction site, the building, or the storage area where materials and equipment are kept.

    Other legal obligations to consider

    Beyond placement, there are other legal requirements to keep in mind:

    Informing the Authorities

    Once you’ve installed a camera, you must notify the authorities about it. This notification is done online and is free of charge. It’s a step that ensures the government is aware of surveillance measures being taken by private entities.

    Using Pictograms

    You’re also required to display a pictogram indicating that the area is under surveillance. This sign ensures that any “visitors” to the site – whether they’re workers, delivery personnel, or even potential trespassers – are aware they’re being filmed. This pictogram must include specific mandatory information. For detailed requirements on what the pictogram should contain, it’s advisable to consult the official legal website.

    Maintaining a Record

    Lastly, if you’re capturing footage, you need to maintain a register for image processing activities. This register is a record of all surveillance activities and is a crucial document should any legal issues arise.

    Conclusion

    While cameras can be a valuable asset for construction and renovation sites, it’s essential to ensure that their use is in line with Belgian law. By understanding and adhering to the legal requirements, you can ensure that your site remains secure while also respecting the privacy rights of individuals and the broader community. As always, when in doubt, consulting with a legal expert or familiarizing yourself with the official regulations can provide clarity and peace of mind.

  • Inheriting property in Belgium: Can you sell it right away?

    Inheriting a property can be both a blessing and a challenge. While it may offer financial relief, it can also bring about a host of questions and responsibilities. One of the most common questions that arise is whether you can sell the inherited property immediately. Let’s explore the legal and practical aspects of selling an inherited property in Belgium.
    Inheritance

    Immediate ownership and the right to sell

    The good news is that, in Belgium, you become the owner of the property as soon as the previous owner passes away. This means that you have the legal right to sell the property immediately if you wish to do so. There is no mandatory “waiting period” between the time of death and the time you can put the property on the market.

    Note: If you plan to sell the property through a real estate agent, you’ll likely need to provide proof that you are the new owner.

    Multiple heirs and the sale process

    Things can get complicated if there are multiple heirs involved. All heirs must agree to the sale of the property. If even one heir disagrees, the property cannot be sold quickly. In such cases, a judicial liquidation of the estate may be necessary, which would be overseen by a notary appointed by the court.

    How to reach an agreement among heirs

    If all heirs are not in agreement about selling the property, it’s advisable to seek mediation or legal advice. This can help resolve disputes and provide a fair solution for all parties involved.

    Special cases: Minors and property administrators

    If one of the heirs is a minor, you’ll need to obtain authorization from the Justice of the Peace to sell the property. The same applies if one of the heirs is under the control of a property administrator.

    Legal procedures for minors

    The Justice of the Peace will review the case to ensure that selling the property is in the best interest of the minor. This process can take time, so it’s essential to factor this into your plans.

    Property administrators

    If an heir is under the control of a property administrator, additional legal steps may be required to sell the property. This could involve court hearings and legal documentation, further delaying the sale process.

    Financial considerations

    Taxes and fees

    Inheriting a property isn’t just about ownership; it also involves financial responsibilities. You’ll need to consider inheritance taxes, notary fees, and any outstanding debts on the property.

    Market conditions

    The real estate market can fluctuate, affecting the value of your inherited property. It’s advisable to consult with real estate experts to determine the best time to sell.

    Conclusion

    Inheriting a property in Belgium comes with its own set of rules and responsibilities. While you technically have the right to sell the property immediately, various factors can complicate this process. These include the number of heirs, the presence of minors or individuals under property administration, and financial considerations like taxes and market conditions.

    Final Thoughts: If you find yourself in the complex situation of inheriting a property, it’s crucial to understand your legal rights and responsibilities. Consult with legal and real estate professionals to navigate the intricacies of property inheritance in Belgium.

  • What to do with your employer-provided charging station after your contract ends?

    In the age of sustainability and green initiatives, many employers are taking steps to reduce their carbon footprint. One such measure is providing employees with electric vehicles (EVs) and installing charging stations at their residences. But what happens to these charging stations when your employment contract ends? Can you keep it, or does it need to be returned? Let’s delve into the details.

    charging station
    Evnex

    Leased Charging Stations

    If your employer has provided a charging station at your home, it’s possible that it was acquired through a leasing agreement. In such cases, your employer pays regular fees to the leasing company for the use of the charging station.

    End of Contract Scenarios

    When your employment contract concludes, be it due to retirement, resignation, or termination, you generally have a couple of options regarding the charging station:

    1. Take Over the Lease: You can choose to continue the lease agreement by taking over the payments. This allows you to keep the charging station at your residence without any disruptions.

    2. Buy the Charging Station: If you prefer to own the charging station outright, you might have the option to purchase it from the leasing company. This often proves to be a cost-effective solution, as removing and reinstalling the station elsewhere can be expensive for the company.

    If neither of these options appeals to you, the leasing company will likely remove the charging station from your property and settle any related matters with your former employer.

    Purchased Charging Stations

    In some cases, your employer might have directly purchased the charging station without involving a third-party leasing company. In such scenarios, the charging station is the property of your employer.

    End of Contract Scenarios

    Upon the termination of your employment contract:

    1. Employer Reclaims the Charging Station: Since the charging station is the property of your employer, they have the right to reclaim it. However, the process of uninstalling and reinstalling the station at a different location can be cumbersome and costly.

    2. Negotiate a Purchase: If you wish to keep the charging station, consider negotiating with your employer to buy it. Given the potential expenses and hassles associated with removing the station, many employers might be open to selling it at a reduced price.

    Company Fleet Policy

    It’s also worth noting that some companies have a fleet policy in place that outlines the procedures and costs associated with purchasing employer-provided equipment, including charging stations. If you’re in such a situation, refer to this policy or discuss with your HR department to understand your options better.

    Conclusion

    The transition from an employer-provided electric vehicle and charging station to managing these assets on your own can be smooth with proper knowledge and negotiation. Whether you decide to continue the lease, purchase the charging station, or let it go, ensure you’re making an informed decision that aligns with your needs and budget.

    Remember, as the push for sustainable transportation grows, having a home charging station can be a valuable asset, not just for your current EV but for any future electric vehicles you might acquire.

  • Understanding the rules for home security cameras in Belgium

    The world of home security has seen a significant evolution over the years. From basic motion detectors to sophisticated alarm systems, homeowners now have a plethora of options to ensure their property’s safety. Among these, security cameras have gained immense popularity, offering real-time surveillance and peace of mind. However, with this advanced technology comes the responsibility to adhere to specific guidelines and regulations, especially in Belgium.

    home camera security
    Geometric Photography

    Where Can You Place Your Cameras?

    While you might be tempted to install cameras at every nook and cranny of your property, it’s essential to be aware of the legal boundaries. In Belgium, the primary rule is that cameras should primarily focus on the user’s property. This means that while you can have cameras pointing towards your garden, driveway, or entrance, they should not capture excessive footage of public spaces like sidewalks or streets. If any part of the public area is recorded, it should be kept to an absolute minimum.

    Informing Visitors About Surveillance

    Transparency is key when it comes to surveillance. The law mandates that individuals be informed if they are being filmed. But don’t worry, you don’t need to get every visitor to sign a consent form. A simple solution is to place a clear sign or pictogram (measuring at least 10×15 cm) at your property’s entrance, indicating the presence of surveillance cameras. This ensures that anyone entering your premises is aware and consents to being recorded.

    Storage and Retention of Footage

    While having surveillance footage can be crucial, especially in the event of a security breach, it’s essential to know how long you can retain this data. In Belgium, unless there’s a specific incident or crime captured, you’re allowed to keep the recorded footage for up to one month. After this period, it should be deleted to respect privacy regulations.

    Declaration and Compliance

    If you’re placing cameras inside your home, there’s no need for any formal declaration. However, the rules change when cameras are installed at the entrance of your house or in your garden. Homeowners are required to declare their video surveillance system to the police through the official website, http://www.declarationcamera.be/. This declaration needs annual validation and updates to ensure continued compliance.

    Furthermore, homeowners should maintain a record of all image processing activities. This can be in electronic or handwritten format. The Data Protection Authority or the police may request access to this register at any time, ensuring that all surveillance activities align with the set guidelines.

    Conclusion

    Security cameras can be a valuable asset in ensuring the safety of your home and loved ones. However, it’s crucial to strike a balance between security and privacy. By understanding and adhering to the regulations set by Belgian authorities, homeowners can enjoy the benefits of surveillance while respecting the rights and privacy of others. Always stay informed, and when in doubt, consult with local authorities or experts to ensure your home security measures are both effective and compliant.

  • Can your housekeeper clean the common areas of your building?

    When it comes to maintaining a residential building, especially one with multiple units, the cleanliness of common areas is a shared concern. These spaces, such as hallways, stairwells, and lobbies, are used by all residents and play a significant role in the overall appearance and hygiene of the building. But who should be responsible for cleaning these areas? Can an individual’s housekeeper take on this task?

    cleaning lady

    Understanding the Role of a Housekeeper

    A housekeeper’s primary responsibility is to maintain the cleanliness and order of a home. Their tasks can range from vacuuming, dusting, and window cleaning to more specialized chores like meal preparation, grocery shopping, and ironing. However, it’s essential to note that their duties are confined to everyday household cleaning.

    For instance, while a housekeeper can clean windows, they should only do so if they can reach them using a three-step ladder. They shouldn’t be expected to perform tasks like post-renovation cleaning, moving heavy furniture, ceiling cleaning, painting, or cleaning out drainage systems. These tasks require specialized skills and equipment and fall outside the purview of a typical housekeeper.

    Common Areas in a Condominium: Who’s Responsible?

    The question arises: Can a housekeeper clean shared spaces in a residential building? The answer is a bit nuanced. While a housekeeper can maintain an individual’s apartment or unit, they are not permitted to clean common areas like stairwells or lobbies under the “titres-services” system in Belgium. This system provides subsidized household help to individuals, but it has specific guidelines on what tasks can be performed.

    Similarly, professional spaces such as medical offices, waiting rooms, workshops, or other business areas cannot be cleaned using this system. And if you’re thinking of getting your car cleaned, a housekeeper under the “titres-services” system is not the right choice. For these tasks, specialized cleaning companies are the go-to solution.

    What About a Second Home?

    If you own a second residence, you might wonder if you can use the “titres-services” system for its upkeep. The answer is yes, but with certain conditions. To use this system for a second home:

    1. You must be a resident of Belgium.
    2. The second residence should also be located in Belgium.
    3. The property should be used strictly for personal purposes and not rented out or used for commercial activities.

    Conclusion

    While housekeepers play a crucial role in maintaining the cleanliness of our homes, it’s essential to understand their limitations, especially when living in a multi-unit building. If you’re concerned about the upkeep of common areas, it’s best to discuss this with the building’s management or homeowners’ association. They can provide clarity on who is responsible for these spaces and ensure that they are maintained to the highest standards.

    Remember, a clean building is not just about aesthetics; it’s about creating a healthy and pleasant living environment for all residents.

  • Before buying an apartment in Belgium: Key checks you shouldn’t miss!

    Purchasing an apartment is a significant investment, and while the property’s aesthetics and location might be the first things that catch your eye, there are underlying factors that every potential buyer should be aware of. One such crucial aspect is the decisions made by the general assembly of co-owners, especially concerning upcoming renovations or repairs.

    buy apartment

    Financial Responsibilities for Pre-decided Works

    When you buy an apartment, there’s a possibility that the general assembly of co-owners has already decided on certain works or renovations. As a buyer, you might wonder: “Do I need to contribute to these works? How can I find out what’s planned?”

    In principle, if you’re purchasing an apartment, you’re obligated to contribute to the financing of works that the general assembly decided upon before you became the owner. This holds true even if these works are executed (or paid for) only after the purchase deed is signed. The same rule applies to urgent works where the payment is requested by the syndic (property manager) post the signing of the purchase deed.

    Unexpected Additional Costs?

    Sometimes, as a buyer, you might find yourself in a situation where you’re required to pay extraordinary charges and capital calls decided by the general assembly of co-owners. This usually happens if these decisions were made between the signing of the preliminary sales agreement and the final notarial deed. However, there’s a catch: this only applies if you, as the new owner, had a proxy to attend the general assembly. In such cases, you’ll be responsible for these costs even if the payment is made before the notarial deed is signed.

    How to Stay Informed?

    If you’re keen on purchasing an apartment, it’s essential to do your homework. Request the minutes of both the ordinary and extraordinary general assemblies from the past three years. This will give you a clear picture of the planned works and any potential financial obligations you might inherit.

    Furthermore, the notary handling your purchase deed will need to request this information from the syndic. Ensure that you’re provided with all the relevant details, so there are no surprises down the line.

    Conclusion

    While buying an apartment is an exciting venture, it’s crucial to be well-informed about all potential responsibilities, especially when it comes to shared properties in Belgium. By understanding the decisions of the general assembly of co-owners and being proactive in gathering all necessary information, you can ensure a smooth purchase process and avoid unexpected costs.

    Remember, a well-informed buyer is a happy buyer. So, before you take the plunge, make sure you’ve checked all the boxes and are fully aware of what you’re signing up for.

  • Renting in Belgium: Who’s responsible for trimming hedges and pruning trees?

    When renting a property in Belgium, it’s not uncommon to find a garden adorned with trees, hedges, or shrubs. These green additions, while enhancing the beauty of the property, require regular maintenance. But the question arises: Who is responsible for this upkeep – the tenant or the landlord?

    trimming hedges

    The Tenant’s Duty

    In Belgium, the tenant is obligated to maintain the garden of the rented property, just as they are responsible for the upkeep of the building itself. This means that tasks such as weeding, mowing the lawn, and general garden maintenance fall under the tenant’s purview. Essentially, the tenant must care for the garden as a diligent homeowner would.

    Regional Guidelines

    Belgium, with its three distinct regions, has specific lists detailing repair and maintenance tasks, designating responsibilities either to the tenant or the landlord. These lists also provide clarity on who should undertake pruning tasks in a garden.

    For instance:
    – In Flanders, the list specifies that the tenant is responsible for trimming trees and shrubs, ensuring it’s done professionally.
    – In Brussels and Wallonia, the tenant is tasked with periodic trimming and pruning of trees and hedges. However, the landlord is responsible for pruning tall trees, unless there are other agreements in place.

    Additional Agreements

    While the regional guidelines provide a clear framework, it’s essential to note that landlords and tenants can have additional agreements in their lease. However, if these additional obligations are imposed on the tenant, they might not always be legally binding. It’s crucial for both parties to be aware of their rights and ensure that any added terms are mutually agreed upon and valid.

    Documenting the Garden’s Condition

    For landlords, it’s imperative to ensure that the garden’s condition is thoroughly documented in the property’s initial state report at the beginning of the lease. This documentation serves as a reference point. If the garden’s condition isn’t recorded at the start, the tenant is assumed to have received the property (including the garden) in the same state it is at the end of the lease.

    Conclusion

    Maintaining a garden is essential for preserving the aesthetic and health of the property. While regional guidelines in Belgium provide a clear division of responsibilities between landlords and tenants, it’s always beneficial to have open communication. Both parties should discuss and agree upon garden maintenance responsibilities to ensure a harmonious renting experience.

    For tenants, it’s an opportunity to enjoy and care for a green space, enhancing their living experience. For landlords, a well-maintained garden can increase the property’s appeal and value. In the end, a well-kept garden benefits everyone involved.

  • Rent collection from married and cohabiting tenants in Belgium

    Renting out a property in Belgium can be a rewarding experience, but it also comes with its challenges. One of the common dilemmas faced by landlords is understanding their rights when it comes to collecting rent from tenants who are in a relationship, be it marriage, legal cohabitation, or de facto cohabitation. This article delves into the nuances of these scenarios and offers guidance on how landlords can navigate these situations.

    couple in kitchen
    Soroush Karimi

    Married tenants

    When you rent out a property to a married couple, both spouses are considered co-tenants. This holds true even if only one of them signed the lease agreement or if they got married after the lease was signed. As a landlord, you have the right to demand rent payment from both spouses. They are jointly and severally liable for the rent payment.

    However, there’s a catch. If only one spouse signed the lease, you cannot hold the other spouse accountable for any tenant obligations that were not met before the date of their marriage.

    Legally cohabiting tenants

    Legal cohabitation in Belgium is akin to a civil partnership. When tenants are in a legal cohabitation, the same rules apply as if they were married. Both partners are considered co-tenants, and they share the same responsibilities towards the landlord, regardless of who signed the lease.

    De facto cohabiting tenants

    The situation gets a bit more intricate with de facto cohabiting tenants. Here, the primary consideration is who signed the lease. If only one tenant signed the agreement, then the landlord can only approach that individual for rent payment. However, if both partners signed the lease, the landlord can demand payment from either or both.

    Moreover, when both partners sign the lease, they are jointly and severally liable for fulfilling their obligations. This means that the landlord can choose whom to approach for the entire overdue rent. If the relationship between the tenants ends, the partner who made the payment can subsequently try to recover half of the owed amount from their partner or ex-partner.

    Implications for landlords

    1. Lease clarity: Always ensure that the lease agreement clearly states the names of all tenants and their respective responsibilities. This can prevent potential disputes in the future.

    2. Communication: Maintain open communication with your tenants. If there are any changes in their relationship status that might affect the lease, it’s beneficial to be informed early on.

    3. Legal advice: If you’re unsure about your rights or how to handle a particular situation, consider seeking advice from a legal professional familiar with Belgian property laws.

    Conclusion

    Renting to couples, whether married or cohabiting, can be a smooth experience as long as landlords are aware of their rights and responsibilities. By understanding the nuances of different types of relationships and having a clear lease agreement in place, landlords can ensure a harmonious and profitable rental relationship.

  • Understanding compensation rights for delayed apartment deliveries in Belgium

    Purchasing a property is a significant investment, and when you buy an apartment off-plan, the anticipation of seeing the final product is immense. However, what happens if there are delays in the completion of your new apartment? In Belgium, there are specific laws and regulations that protect buyers in such situations, ensuring they are compensated for any inconvenience caused by these delays.
    Apartment repair

    The Breyne Law: A Buyer’s Safety Net

    When you buy an apartment off-plan in Belgium, the “Breyne Law” or “Loi Breyne” usually applies. This law mandates the developer to include a series of clauses in the notarial deed. One of the essential clauses in the contract specifies the date by which the apartment will be ready and the compensation you are entitled to if there’s a delay.

    Compensation Minimums

    The Breyne Law also outlines the minimum compensation amount in case of a delay. This compensation should be at least equivalent to the rent you would pay for a similar property to the one you’ve purchased. For instance, if the contract states that you’re entitled to a compensation of 25 euros per day, but the monthly rent for a similar apartment is 1,000 euros, you have the right to demand more than what’s stipulated in the contract!

    If you notice that the developer isn’t adhering to the agreed timeline, it’s crucial to send them a registered letter and claim the delay compensation. However, it’s essential to determine whether there’s an actual delay, as sometimes there can be valid reasons for the hold-up.

    What if the Breyne Law doesn’t apply?

    In cases where the Breyne Law isn’t applicable, the contract doesn’t have to contain a mandatory clause regarding the final date by which the apartment should be ready. In such situations, the developer or contractor, unless otherwise agreed upon, should complete the apartment within a reasonable timeframe. If there are delays, you can claim compensation for the actual damages caused by the delay, but you’ll need to provide evidence of these damages.

    Tips for Protecting Your Investment

    1. Stay Informed: Always keep yourself updated about the progress of the construction. Regularly visit the site and maintain open communication with the developer.
    2. Document Everything: If you notice any discrepancies or delays, document them. Take photos, keep a diary of events, and save all correspondence with the developer.
    3. Seek Legal Advice: If you believe your rights are being infringed upon, consult with a real estate attorney familiar with Belgian property laws. They can guide you on the best course of action.
    4. Negotiate: Before resorting to legal measures, try to negotiate with the developer. They might offer you a better compensation deal or expedite the construction process.

    Conclusion

    Purchasing an apartment off-plan comes with its set of challenges, but being informed about your rights and the laws in place can make the process smoother. The Breyne Law in Belgium offers a protective framework for buyers, ensuring they are not left at a disadvantage if there are construction delays. By understanding these regulations and staying proactive, you can ensure that your investment is secure and that any inconveniences are adequately compensated.