Real rights
Real rights form the legal backbone of every real estate portfolio. Belgian property law was fundamentally reformed by the Act of 4 February 2020 introducing Book 3 'Goods' of the Civil Code, which entered into force on 1 September 2021.
What we do for you
- Usufruct: creation, management, and disputes between usufructuary and bare owner
- Long lease (emphyteusis) and building rights: drafting contracts in line with Book 3 of the Civil Code
- Easements: establishment, exercise, contestation, and extinction
- Real rights in the context of property development and tax planning
- Analysis of the impact of Book 3 of the Civil Code on existing contracts and structures
Book 3 of the Civil Code: scope and transitional law
Book 3 of the Civil Code applies in principle only to legal acts and legal facts occurring after 1 September 2021. For real rights established before that date, the previous statutory regime continues to apply in principle. ⚠ The parallel existence of the old and new regimes requires a careful, case-by-case analysis.
Key changes under Book 3 of the Civil Code
Long lease (emphyteusis): minimum duration reduced from 27 to 15 years; maximum duration 99 years. Building right (right of superficies): maximum duration increased to 99 years. Usufruct for legal entities: maximum duration increased from 30 to 99 years. Easements: may now also be established over buildings.
For whom?
Owners and private individuals engaged in estate planning or family transfers of real estate, real estate investors and property developers working with long lease and building right structures, public authorities dealing with public-law easements, and companies using real rights as a tax planning tool.
Frequently asked questions
What is the difference between long lease (emphyteusis) and building right (superficies) under Book 3 of the Civil Code?
A long lease concerns the use and enjoyment of another's property, with a minimum duration of 15 years and a maximum duration of 99 years. A building right is a right to build that grants ownership over volumes, with a maximum duration of 99 years.
Does Book 3 of the Civil Code also apply to my existing long lease or building right contract?
In principle no, if the contract was concluded before 1 September 2021. Consult Reius for an analysis of your specific situation.
How do I prove that an easement exists over my property?
Easements may arise from the law, an agreement, or acquisitive prescription. Proof is provided through title deeds, cadastral documents, witness statements, or court proceedings.
What are the key considerations for a usufruct structure involving my company?
Under Book 3 of the Civil Code, a usufruct held by a legal entity has a maximum duration of 99 years and ends upon bankruptcy or dissolution. Such structures are closely scrutinised by the tax authorities.
Do you have a question about real rights? Contact us without obligation.
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