What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?
Under Belgian law, a distinction can be made between arrangements governed by the Belgian civil law on leases, including the rules, as the case may be, enacted by the three regions following the Sixth State Reform, and contracts with a similar purpose that are governed by Belgian contract law.
There are different types of lease agreement:
1. Common law lease agreements. Lease agreements subject to the general provisions of the Belgian Civil Code (ie office leases, warehouses).
2. Residential lease agreements. Agreements relating to the tenants’ principal place of residence. Following the Sixth State Reform each of the three Regions in Belgium has adopted its own residential lease legislation, namely:
3. Commercial lease agreements. Agreements protecting retailers or artisan activities: for standard commercial lease agreements, the Federal Commercial Lease Act of 30 April 1951 still applies. However, the 3 Regions have adopted their own legislation relating to short term leases, namely:
4. Farming Leases. Lease agreements relating to real estate leased to farmers for agricultural purposes.
Contracts that are similar to lease agreements, such as the operational/financial leasing (and financing) of commercial real estate (offices and industrial buildings – location-financement/onroerende leasing), facility provision agreements (mise à disposition/terbeschikkingstelling) for warehouses, parking spaces, hotel management contracts, etc. Finally, lease contracts for office spaces and retail stores in shopping malls are sometimes combined with service agreements relating to reception facilities, telecommunication services, meeting rooms etc and may or may not be contained in a single written contract.
The Commercial Leases Act, the Regional rules governing pop-up commercial leases, and the Regional rules on residential housing contain certain mandatory provisions which the parties cannot contract out of, generally for the protection of the tenant, as well as certain optional provisions which parties can adopt if they wish.
Only general leases (offices, warehouses, industrial buildings) and commercial leases are discussed here. Residential leases and farm leases are not covered.
