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Sale & Purchase

Asbestos in co-ownership of apartments: private or common, and what about the syndic?

In an apartment building, asbestos first raises a question of classification: private or common? The answer determines who bears the costs. Asbestos is often found in the common parts, in which case the association of co-owners comes into play, with the syndic as pivotal figure carrying significant liability.

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Construction & Contracting

Subcontractor not paid: direct action against the client

A subcontractor who cannot obtain payment from the main contractor is not powerless. Article 1798 of the Civil Code grants a direct action against the client (project owner) — since a Constitutional Court ruling, even extrajudicially via registered letter. But conditions apply, and the bankruptcy of the main contractor is a hard deadline.

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Commercial Lease Law

Landlord refuses commercial lease renewal: your rights

A landlord cannot simply refuse to renew your commercial lease. The law provides an exhaustive list of six grounds — outside those grounds, you are entitled to an eviction indemnity of at least three years' rent.

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Apartment & Co-ownership

Sub-associations in large complexes: who decides on what?

Large sites are often managed by a main association alongside several sub-associations. Each association decides only on its own parts as designated in the deed of division. Discover how powers are divided and which association you must precisely address in the event of a dispute to avoid procedural mistakes.

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Construction Law

Court-appointed administrator in a new-build co-ownership conflict: when and how?

Court-appointed administrators are typically associated with neglected older buildings, but the same figure can also unblock a brand-new development. When a conflict between buyers, developer and managing agent around the provisional acceptance escalates and no one is still perceived as neutral, a court-appointed administrator can offer a way out. Discover when appointing one is appropriate, how they differ from a mediator, and why they are best placed alongside the managing agent.

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Sale & Purchase

Asbestos and neighbour nuisance: corrugated sheets, roof cleaning and liability

Asbestos-cement corrugated sheets are not in themselves a fault, but whoever installs them, has them installed or keeps them may be liable for excessive neighbour nuisance when fibres end up on neighbouring property — for instance after a fire or improper cleaning. And that liability can arise even without proven fault.

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