10 Dec The entry into force of the Belgian property law reform
Posted at 15:45h
in Newsletter
| On 1st September 2021, the law of 4 February 2020 on the new book III « Property » of the Belgian Civil Code entered into force. This book III replaces book II of the Civil Code of 1804 (and related provisions) which we have known until now and which are now referred to as the « old Civil Code ». Except some minor items, the provisions contained in book III came into force on 1st September 2021. The new regime therefore applies to all legal acts and facts that take place after this date. However, unless the parties agree otherwise, the new rules set out in book III do not apply to :
As a result, we will have two coexisting regimes that will apply for some decades. For example, an emphyteusis created in August 2021 for a period of 99 years will remain governed by the old law of 10 January 1824… until 2120 ! In other words, a contract concluded before the entry into force of the reform will remain ruled by the old (repealed) regime until its expiry. However, the parties may decide, by mutual agreement, to submit the future effects of their contract to the new regime. In that case, they should first check that this is in their interest. For more information on this subject, please feel free to contact Carole DE RUYT. Best regards, The Cairn Legal team |