Civil real estate law and construction law

RESOLVED’s attorneys have extensive experience in real estate law, in both its civil and administrative aspects, with particular attention to the interaction between these different areas.

Our approach is distinguished by the ability to address real estate transactions and disputes in all their legal dimensions, in particular by integrating the planning, environmental and administrative constraints that may affect the rights and obligations of the parties.

We assist individuals, companies, real estate professionals and legal entities governed by public law in their real estate projects and transactions.

We act preventively and creatively in negotiations, the drafting of contracts, audits and due diligence, as well as in the prevention and resolution of disputes. We also represent our clients before the courts and tribunals and arbitration bodies, as well as in alternative dispute resolution.

Our civil real estate practice draws on complementary expertise in planning, environment and public real estate law, ensuring consistent support for matters involving both private-law and public-law issues.

Real estate transactions and contracts

We act in particular in the following areas:

• Negotiation, advice and drafting of agreements relating to acquisitions, sales, transfers and other real estate transactions;
• Creation, transfer and extinction of rights in rem, in particular rights of emphyteusis, superficies, usufruct and servitudes;
• Advice on property law, in particular ownership, co-ownership, party walls, boundary demarcation and servitudes;
• Legal audits and due diligence, creation and analysis of data rooms, in consultation with technical advisers and other parties involved;
• Identification and management of contractual risks linked to the legal, planning or environmental situation of the properties.

Leases, occupation and co-ownership

We provide advice, contractual drafting and dispute management in relation to:

• Commercial leases, residential leases, office leases and other occupation agreements;
• Complex agreements organising the occupation or use of properties;
• Forced co-ownership, the operation of co-owners’ associations, decisions of general meetings, management of common areas, apportionment of charges and carrying out of works;
• Relations between owners, co-owners, landlords, tenants and other occupants;
• Quality, safety and performance standards for buildings, and their consequences for civil and contractual relations.

We pay particular attention to matters in which administrative, planning or environmental obligations interfere with the rights of owners, co-owners and occupants.

Real estate disputes and liabilities

We advise and represent our clients in disputes concerning in particular:

• Performance, interpretation, rescission or termination of real estate agreements;
• Hidden defects, non-conformity, warranties and the liability of sellers or other parties involved;
• Servitudes, party walls, neighbourhood disturbances and conflicts relating to the ownership or occupation of properties;
• Civil consequences of planning offences, administrative irregularities and environmental pollution;
• Contractual and non-contractual liability relating to properties and their use.

Construction law

We assist project owners, contractors, architects, engineering firms and other parties involved in the construction process, both in the preparation and execution of their projects and in the settlement of their disputes.

Our work concerns in particular:

• Negotiation, drafting and analysis of construction and subcontracting contracts and of agreements organising relations between the various parties involved;
• Legal support for construction, conversion and renovation projects;
• Performance difficulties, delays, variations, accounts, handover and warranties;
• Disputes concerning defects, structural disorders, ten-year liability and other liabilities of the parties involved;
• Questions relating to the professional obligations of construction stakeholders;
• Neighbourhood disturbances and damage caused by the works.

Our knowledge of planning and environmental regulations also allows us to assess their consequences for the design, execution and compliance of projects.

An integrated approach to real estate law

The complexity of real estate matters frequently stems from the interweaving of several branches of law.

A planning irregularity may jeopardise a sale or trigger a seller’s liability. Soil contamination may impose administrative obligations while raising questions of contractual warranties and cost-sharing. Works decided by a co-ownership may require authorisations and come up against energy, heritage or environmental constraints.

The combined mastery of civil real estate law and administrative real estate law is one of RESOLVED’s strengths. It allows us to anticipate these interactions, assess their consequences and propose consistent legal solutions, both in advisory work and in litigation.

We act in Brussels, Wallonia and Flanders, taking account of the specific features of regional legislation.

Contacts: Laurent DELMOTTE, Marie-Cécile FLAMENT and Bart VAN HYFTE.