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Real estate law

News
19 MAY 2023

NEWSLETTER MAY 2023 - REAL ESTATE LAW / End of the legal crusade led by a co-owner against a co-owners' association

The Court of Cassation confirms the possibility for an association of co-owners to proceed with the transfer of the co-ownership parts of the...
READ MORE
Insights
19 APRIL 2023

Encroachment on neighbouring land authorised by the Civil Code: what about insulation?

Article 3.62 of the Civil Code regulates the fate of works made "partly on, above or below the land of the owner".
READ MORE
Insights
15 MARCH 2023

Speech by Me Sadri Ellouze at the Conference "Actualités en droit de la Construction" (20 March 2023)

CEW & PARTNERS is pleased to announce that Me Sadri ELLOUZE and Me Camille FRANCOIS have contributed to the publication of the...
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Insights
13 JANUARY 2023

JANUARY 2023 NEWSLETTER - REAL ESTATE LAW

What is the starting point of the period of appeal against a decision taken by the general meeting of co-owners?
READ MORE
Insights
18 NOVEMBER 2022

How to renew your commercial lease? Overview of the main steps of the renewal procedure

The renewal of commercial leases is regulated by the Act of 30 April 1951 (hereinafter "the Act"). If Article...
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News
19 OCTOBER 2022

Newsletter October 2022 - Real Estate Law

Prior to the COVID-19 pandemic, general meetings of co-owners were governed by Articles 577-6 to 577-14 of the...
READ MORE
Construction law

We advise and assist our clients at all stages of their building project. We provide assistance both in the pre-litigation phase and in the context of legal proceedings. We assist individuals as well as the different stakeholders in the building project (“amateur” or professional project owners, architects, engineers, building contractors, subcontractors,…).

Our department is particularly active in the following fields:

  • Negotiating and drafting contracts with architects ;
  • Negotiation and drafting of building contracts ;
  • Negotiation and drafting of subcontracts agreements ;
  • Managing defects arising in the building process ;
  • Claims after acceptance of work ;
  • Building contractors abandoning the building site ;
  • Assisting clients with regard to ex officio action or the replacement of the deficient builder ;
  • Decennial liability insurance ;
  • Minor hidden defects ;
  • Amicable or judicial expert investigations ;
  • Liability of the parties involved in the building project ;
  • Access to the profession ;
  • Claims management (fire ; water damage) ;
  • Claims management (fire ; water damage) ;
  • Recourse against / by insurers (contractors’ All Risks Insurance (CAR Insurance), professional liability, decennial liability insurance, project owner ‘s blanket insurance) ;
  • ...
Co-ownership and Neighbourhood

We advise and assist our clients at all stages of their life as (co)-owners. We provide assistance both in the pre-litigation phase and in the context of legal proceedings. We assist co-owners, property managers as well as owners facing neighbourhood problems.

Our department is particularly active in the following fields:

  • Representing and attending general meetings of co-owners ;
  • Recovering unpaid condominium fees ;
  • Provisional acceptance of buildings ;
  • Recourse against property developers ;
  • Nuisances caused by co-owners and occupants;
  • Drafting and ensuring compliance with co-ownership regultations ;
  • Reviewing co-ownership regulations ;
  • Appealing against decisions taken and approved at the general meeting of co-owners ;
  • Dealing with neighbourhood problems ;
  • Joint ownership (drafting agreements ; litigation) ;
  • Easement (dispute ; recognition ; drafting agreements) ;
  • ...
Building contracts

We advise and assist our clients at all stages of their real estate projects. We intervene both in the pre-litigation phase and in the context of legal proceedings. We act for private individuals, real estate companies or those active in the real estate sector to help them complete their projects or deal with the difficulties they encounter.

Our department is particularly active in the following fields:

  • Negotiation of real estate sales agreements ;
  • Assisting clients with the termination of sales agreements ;
  • Assisting clients with the execution of the deed of sale ;
  • Sale of real estate having hidden defects ;
  • Conditions precedent in sales agreements ;
  • Life annuity sales ;
  • Sale of real estate companies ;
  • Negotiations with property developers ;
  • ....

 

Rights in rem in immovable property

We advise, assist and defend our clients with regard to any issue relating to property ownership rights :

  • statute of limitations and acquisition of title by long standing possession,
  • right of accession,
  • possessory actions,
  • encroachments,
  • boundary marking,…

We also assist our clients with any issue relating to the subdivision of ownership rights :

  • life interest / bare-ownership,
  • rights of "superficie"
  • long term leases,
  • waiver of the right of accession ;
  • end of undivided ownership and management of shares distribution ;
  • .....

We advise, assist and defend our clients whose land is encumbered with, or benefits from, an easement or the like:

  • Right of way,
  • Easement for drainage purposes,
  • Distance between plantings and buildings,
  • Shared walls,
  • ...
Neighbourhood relations

We advise, assist and defend our clients who suffer damages caused by their neighbours, whether they are individuals or public companies:

  • Liability for abnormal neighbourhood disturbances (noise, odours, loss of sunlight, loss of privacy, loss of customers, etc.),
  • Compliance with urban and environmental standards,
  • Compliance with urban planning requirements
Leasing Division
  • Negotiating and drafting principal place of residence lease agreements;
  • Negotiating and drafting commercial lease agreements;
  • Negotiating and drafting lease agreements;
  • Negotiating and drafting business transfer agreements ;
  • Assisting clients with the recovery of unpaid rents;
  • Assisting clients with the termination of lease agreements ;
  • Commercial lease renewal ;
  • Disputes relating to tenancy ;
Administrative real estate law

- pre-emptive rights ;

- Compulsory purchase in Brussels, Wallonia and Flanders

- Town planning and environmental law :

  • Assisting clients in obtaining or challenging planning permits ;
  • Challenging infringements of urban planning rules (and defending clients who are charged with having committed a criminal offence)

Discover the team members

Laurent Verbraken

Partner
Linkedin-in
laurent.verbraken@cew-law.be
+32 (0)2 542 02 45
Economic and commercial lawReal estate law

Sadri Ellouze

Partner
Linkedin-in
s.ellouze@cew-law.be
+32 (0)2 542 02 36
Liability and insurance lawReal estate law

Frédéric Van Bever

Partner
Linkedin-in
f.van.bever@cew-law.be
+32 (0)2 542 02 41
Liability and insurance lawReal estate law

Stephanie Colella

Partner
Linkedin-in
stephanie.colella@cew-law.be
+32 (0) 2 542 02 65
Economic and commercial lawReal estate law

Caroline Compagnon

Counsel
Linkedin-in
caroline.compagnon@cew-law.be
+32 (0)2 542 02 37
Real estate law

Camille François

Associate
Linkedin-in
camille.francois@cew-law.be
+32 (0)2 542 02 32
Real estate law

Eline De Mol

Associate
Linkedin-in
eline.demol@cew-law.be
+32 (0)2 542 02 46
Real estate law

Discover the events organised by our team of lawyers

19 December 2022

Innovations in the new Book 5 of the Civil Code
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26 April 2022

Challenges to directors' liability under recent case law and the new Companies and Associations Code
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6 December 2021

Aid to Brussels companies in the context of the Covid 19 crisis
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Discover the practical cases carried out by our team of lawyers

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