Wrap up of key legal insights within the Real Estate sector in Belgium
Throughout the year, we have delved into changes and insights within the real estate sector. From key legislative reforms, such as amendments to the Code of Territorial Development and real estate agent regulations, to the latest on energy efficiency standards, new PFAS guidelines in the Flemish Region and Court decisions, our publications have kept you informed of essential legal updates.
As the year draws to a close, we thought it would be an ideal time to reflect on these significant developments of the real estate market.
Review the summaries of last year’s publications below, and be prepared to stay informed and to navigate a promising new year in real estate with us.
Amendment of the Code of Territorial Development – January 2024
The Walloon Parliament's significant reform of the Code of Territorial Development focused on optimising spatial planning and reducing urban sprawl. It integrated permits for commercial establishments with building permits, harmonised procedures, and incorporated post-flood recommendations. The reform also advanced the dematerialisation of administrative tasks, reshaping the real estate landscape in the post-pandemic world.
Reform Amending the Law of 11 February 2013 Organising the Profession of Real Estate Agent – February 2024
This comprehensive article delves into the latest reform of the law of 11 February 2013, which aimed to simplify the criteria for legal entities to be registered as real estate agents, introducing a more accessible and flexible framework.
Brussels Goes Green (Part II) - Minimum EPB Score and Renovation Obligations – March 2024
On 23 February 2024 the Brussels Parliament’s approved a draft ordinance to implement the Renolution-strategy. The publication outlines new EPB requirements and specifies a minimum EPB score for residential units, causing potential renovation obligations. It details responsibilities, legal implications, and sanctions for non-compliance, along with upcoming prohibitions aimed at fostering energy-efficient practices.
Real Estate 2024: Chambers Global Practice Guide – Belgium – June 2024
Our team contributed to the Chambers Global Practice Guide offering insights into the Belgian real estate sector's legal complexities and emerging trends. The guide covers crucial topics such as construction contracts and the impact of evolving regulations, emphasising the increasing importance of ESG and sustainability laws, helping stakeholders navigate a transforming real estate environment.
Book 7 and Its Impact on Leases – July 2024
This article explores the forthcoming changes and improvements anticipated in the bill on Book 7 of the Civil Code, specifically the section covering leases.
While introducing noteworthy innovations, Book 7 should not completely overhaul existing lease law but should clarify it through updated phrasing and terminology.
Key expected updates include revisions to both landlord and tenant obligations, clarifications on lease termination, and sublease regulations. Although the underlying legal principles shall remain largely intact, the enhanced clarity and modernised language of Book 7 signify substantial improvements.
(The bill submitted in April 2024 has been resubmitted in September 2024.)
Belgium Embraces Wind Energy in Agricultural Zones: Key Legal Developments – November 2024
Our article delves into the landmark decision rendered by the Belgian Constitutional Court on 24 October 2024. This pivotal ruling affirms the placement of wind turbines in agricultural zones without needing prior zoning plan derogations. By upholding this regulation, the court ensures the advancement of renewable energy initiatives in harmony with environmental rights as enshrined in the Belgian Constitution.
Constitutional Court Judgment 14 November 2024 - Objectors' Right to Building Permit Notification – December 2024
On 14 November 2024, the Constitutional Court addressed the rights of objectors concerning building permit notifications in the Walloon Region. This judgment clarifies the balance between administrative efficiency and constitutional protections.
Flemish Region – new developments concerning PFAS soil contamination - December 2024
On 26 November 2024, advancements concerning PFAS soil contamination were unveiled in the Flemish Region. The OVAM has revised its guidelines, encompassing updates on PFAS-suspected activities, directives for PFAS investigations, protocols for preliminary soil investigations, and the Code of good practice for descriptive soil, and the Code of good practice for descriptive soil investigations.
Stay Informed:
Our real estate team is committed to keeping you ahead of changes that could affect your business. Explore our newsletters, available on our dedicated microsite, for updates on pivotal legal changes and emerging market trends that might impact you.
And of course, do not hesitate to contact a member of the team should you have any question.
