Category: Andersen in Belgium
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Court of Cassation clarifies: conditions attached to the renewal of a commercial lease may relate only solely to the new lease
Facts A comercial tenant submitted a timely application for lease renewal.In addition to proposing new lease terms for the following period, the application also included an additional reduction of the rent for the period already in progress.The appellate court held that such a condition did not affect the validity of the renewal application. Ruling of…
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The new rules on consumer suretyship: what will change as from 2026?
We refer in this respect to our article: “Suretyship under the new Book 9 of the Civil Code: a trusted safeguard, clearly and modernly defined as from 1 January 2026.” This article focuses on a specific and practically important aspect of the reform: the protection regime for consumers who grant personal security. It complements the…
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Purchase of a Sole and Principal Residence in Flanders? Stricter Conditions for the 2% Registration Duty as of 1 January 2026
As from 1 January 2026, these conditions have been tightened. The Flemish legislator aims to ensure that the reduced rate is reserved for buyers who will effectively and durably occupy the property as their principal residence. In addition, certain commonly used planning structures – such as the split purchase – will be excluded. On 10…
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Court of Cassation confirms the personal disciplinary liability of each individual real estate agent, including those operating within a real estate group
The case concerned the scope of the disciplinary liability of a real estate agent practicing within a larger real estate group. The Court expressly confirmed a cornerstone of Belgian professional disciplinary law: any natural person registered as a real estate agent with the Belgian Institute of Real Estate Agents (BIV / Institut Professionnel des Agents…
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Construction Law & Liability of the Architect
Facts in a nutshell In this case, a building owner, assisted by an architect, had entered into a construction contract with a contractor who did not have the required access to the profession. The construction contract was therefore declared null and void. The building owner argued that the architect was liable because he had failed…
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Autonomous guarantee finally enshrined in law
Through these new rules, the legislator not only clarifies the autonomous nature of this form of security, but also specifies the obligations of the guarantor and the limits to the application of this legal instrument. What is an autonomous guarantee? An autonomous guarantee is a personal security by which a third party, the guarantor (often…
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Sustainable Entrepreneurship: A Duty of Care for the Future?
That ideal world may sound far away, but it is closer than you might think. In recent years, a major influx of sustainability legislation has emerged at the global level, laying (and continuing to lay) the foundations for this ideal world. In the short term, however, certain measures are needed to make this ideal world…
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Suretyship under the new Book 9 of the Belgian Civil Code: a familiar “nest egg”, clearly and modernly redefined as of 1 January 2026
In this newsletter, we highlight the main features and changes relating to this security technique. The rules have not fundamentally changed; they have primarily been modernised and clarified. It is essential to understand these rules properly: anyone who enters into a suretyship may face significant consequences for their personal assets. Knowledge of the new legislation…
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PEPPOL COUNTDOWN: Are you ready for e-invoicing in 2026?
Despite extensive information campaigns, it appears that less than half of Belgian businesses are currently compliant with the new statutory obligation. Failure to switch in time, may, as from 1 January 2026, result inter alia in: The Federal Public Service Finance (FPS Finance) has, however, recently announced the introduction of a tolerance period of three…
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Late-filed documents may alter the outcome of the permitting process
CPD 23 October 2025 (RvVb-A-2526-0131) 1. Which situation prompted the decision? A project for the construction of nine single-family homes in an inner area, had previously led to three annulments by the Council for Permit Disputes. In the fourth round, just before the hearing at the Provincial Authority, the applicant submitted an additional noise study…