Real estate law

The attorneys of RESOLVED have extensive experience in real estate law, in both its civil and administrative aspects, with particular attention to the interaction between them.

We assist you preventively and creatively in your negotiations, support your projects, draft complex contracts and carry out audits and due diligence.

We act for legal entities governed by public and private law, and have a thorough command of the regional legislation — in particular planning and environmental legislation — in Brussels, Wallonia and Flanders. We represent you in pre-litigation and litigation proceedings, as well as in alternative dispute resolution, before the courts and tribunals or arbitration bodies.

We are also well versed in administrative appeals, administrative courts and constitutional litigation.

In planning and environmental matters, we place our expertise at your disposal, in particular in the following areas

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• Preparation of planning permit and/or environmental permit applications, environmental authorisations (omgevingsvergunningen) and single permits in the Walloon, Flemish and Brussels regions, preliminary contacts with the competent authorities, and objections in the context of public inquiries;
• Assistance in lodging or defending administrative appeals (before the Provincial Executive or the Government), judicial appeals before the administrative courts (Council of State and Council for Permit Disputes), as well as before the civil courts and tribunals;
• For public authorities, advice and assistance in drafting administrative decisions or in remedying them;
• Regularisations, litigation relating to planning and environmental offences, requests for restoration to the original state, criminal prosecutions and administrative sanctions;
• Specific environmental regulations such as the COBRACE or the PLAGE in Brussels;
• Obligations, agreements and litigation relating to the management of contaminated soil, in both their civil (liability) and administrative aspects;
• Analysis of existing or required authorisations, in particular in the context of audits and due diligence;
• Heritage protection measures (listed monuments, classification).

In civil real estate law

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• Negotiation, advice and drafting of agreements in purchase and sale transactions, dismemberments of ownership (long leases, building rights, etc.) and property law;
• Carrying out audits (due diligence), setting up and legally analysing data rooms, in consultation with technical advisers;
• Advice and litigation relating to real estate transactions (hidden defects, eviction, planning offences, neighbourhood nuisance, party walls, easements, etc.);
• Drafting of leases and other complex personal occupancy rights, as well as litigation before justices of the peace, courts and tribunals;
• Advice and litigation relating to commercial leases;
• Advice and litigation relating to co-ownership;
• Housing quality standards, and their civil and administrative implications;
• Advice and litigation relating to the interaction between administrative and civil provisions, such as COBRACE parking taxes and co-ownership law.

In construction law

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• Negotiation and drafting of construction and subcontracting agreements between the various construction stakeholders (contractors, project owners, architects, etc.);
• Management of construction-law litigation (defective workmanship, ten-year warranties, performance) and related matters (access to the profession, etc.);
• Neighbourhood nuisance and non-contractual liability.

We also act in related matters

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Expropriation, uninhabitability orders, administrative sanctions and local taxes relating to the environment or vacancy, public property law, etc.

Contacts: Bart VAN HYFTE and Laurent DELMOTTE