Real estate & construction
Building, passing on and defending your real estate assets.
JANSSENS Law Firm secures real estate transactions and construction projects, from acquisition to litigation. Sales, co-ownership, leases, easements and mortgages; architect and contractor agreements, off-plan sales (Breyne Act), ten-year liability, defects and hidden faults, with assistance during judicial expert proceedings.
What you need to know
What precautions before buying property in Belgium?
A property purchase is secured by a legal review before the preliminary agreement. Verification of title, charges and easements, the EPC certificate, the planning situation and any breaches, the rental status and, in co-ownership, the accounts and minutes. We review the preliminary agreement before signing — this is the stage at which risks are neutralised.
What is the Breyne Act and when does it apply?
The Breyne Act (Act of 9 July 1971) protects the buyer of a home to be built or under construction. It requires mandatory clauses, a strict staggering of payments and a completion guarantee. Any off-plan or turnkey sale contract is subject to it. We check the contract's compliance and defend the buyer in the event of default.
What does ten-year liability cover?
Ten-year liability covers, for ten years, serious defects affecting the solidity or stability of the structure. It binds the contractor and the architect and cannot be set aside. For less serious defects, other regimes (minor hidden defects, contractual warranty) apply. We identify the right basis and the right time limit to act.
How to handle a co-ownership dispute?
Co-ownership disputes are settled under the rules of the Civil Code and the deed of base. Challenging a general meeting decision, unpaid charges, works, nuisance: strict time limits apply, in particular for challenging a meeting decision. We advise co-owners and managing agents, in negotiation as well as before the Justice of the Peace or the court.
What are my rights regarding leases?
The lease regime depends on its nature and the Region. In Brussels, residential leases fall under the Brussels Housing Code; commercial leases follow a specific regime (renewal, eviction indemnity); office leases are largely contractual. We draft, negotiate and defend your leases, both as landlord and as tenant.
What to do in the event of defects or construction faults?
Faced with defects, speed and evidence are decisive. Disorders must be documented, often an expert assessment (amicable or judicial) must be sought, and action taken within the time limits specific to each warranty. We coordinate the expert assessment, hold those responsible accountable (contractor, architect, insurers) and obtain repair or reinstatement.