Real Estate Law

Real Estate Law Attorney in Belgium

Buying a house, selling an apartment, managing a condominium, negotiating a commercial lease: real estate often represents the most significant asset for Belgian households. And when things go wrong - a hidden defect discovered after the sale, a neighbour building without a permit, a tenant who stops paying - the financial stakes are considerable.

Mis à jour en février 2026

Buying a house, selling an apartment, managing a condominium, negotiating a commercial lease: real estate often represents the most significant asset for Belgian households. And when things go wrong - a hidden defect discovered after the sale, a neighbour building without a permit, a tenant who stops paying - the financial stakes are considerable. Belgian real estate law draws from the Civil Code, regional legislation on leases and urban planning, and co-ownership rules reformed in 2019. This complexity makes professional assistance essential. While the notary is the key player in real estate transactions, the lawyer intervenes when conflict arises or when the interests at stake justify in-depth legal analysis.

The real estate lawyer: when and why to consult one

The notary authenticates deeds; the lawyer's role is different: they defend your interests, advise on risks, negotiate for you, and litigate if necessary.

Before a transaction, the real estate lawyer can analyze the sales agreement - this document signed well before visiting the notary already creates legal obligations. They verify suspensive conditions, guarantees, and seller's declarations. This preventive analysis can avoid months of litigation.

In co-ownership matters, the lawyer helps co-owners challenge general assembly decisions, obtain payment of charges from a defaulting co-owner, and manage relations with the property manager. The 2010 law reformed in 2019 has added complexity to this area.

For leases, the law varies by region (Brussels, Wallonia, and Flanders each have their own legislation) and by lease type (primary residence, commercial, student, furnished). A specialist knows these regional subtleties.

In urban planning, challenging a neighbour's building permit or obtaining your own despite municipal refusal requires mastery of administrative appeals and Council of State case law.

Real estate lawyer fees

Preventive intervention remains the least costly. Having a lawyer review a sales agreement costs 200 to 500 euros - cheap insurance when you're committing hundreds of thousands of euros.

For a neighbourhood dispute (boundary, easement, encroachment), expect 2,000 to 5,000 euros in lawyer fees for first instance proceedings.

Co-ownership disputes vary in complexity. Challenging a general assembly decision can be resolved in a few months for 1,500 to 3,000 euros. A major conflict over renovation work involving expert and counter-expert reports can reach 10,000 euros or more.

Tenant disputes before the justice of the peace remain relatively accessible: 1,000 to 2,500 euros for an eviction or rent arrears.

In urban planning, proceedings before the Council of State are more expensive and longer: plan for 5,000 to 15,000 euros and several years of proceedings.

Common real estate cases

Hidden defects are a classic. You buy a house, and a few months later, leaks appear, the roof turns out to be in poor condition, the foundations show cracks. If the seller knew about these defects and didn't disclose them, you can take action under the warranty against hidden defects. The goal: obtain a price reduction or sale cancellation.

Co-ownership conflicts are multiplying. Allocation of charges, approved or rejected works, noise nuisances from a neighbour, change of use of a unit: sources of discord are numerous. The specific procedure before the justice of the peace allows for relatively quick resolution.

Evictions of defaulting tenants follow a strict procedure. The landlord must first send a formal notice, then summon before the justice of the peace, obtain a judgment, have it served by bailiff, and finally proceed with eviction using public force if necessary. Allow at least 3 to 6 months.

Construction disputes - defects, site delays, work not conforming to plans - often involve costly technical expert assessments. The lawyer must work with experts to establish the responsibilities of the architect, contractor, and subcontractors.

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Questions fréquentes

Can I cancel a real estate sales agreement?
It's difficult. The sales agreement is a binding contract. You can only cancel it if a suspensive condition isn't met (loan refusal, for example) or in case of vitiated consent (error, fraud). If you withdraw without valid reason, you risk losing the deposit paid and having to pay damages.
What is a hidden defect in real estate?
It's a defect not apparent at the time of sale that makes the property unfit for use or significantly reduces its value. The seller must guarantee against hidden defects, unless otherwise agreed. But note: this exclusion clause doesn't apply if the seller knew about the defect and concealed it.
How do I evict a tenant who isn't paying?
You must first summon them before the justice of the peace to obtain lease termination and eviction. The judge generally grants the tenant time to leave. Once the judgment is obtained and served, the bailiff can proceed with eviction, if necessary with public force. Allow at least 3 to 6 months, sometimes more.
Can I challenge a co-ownership general assembly decision?
Yes, within 4 months following communication of the minutes. You must demonstrate an irregularity (convocation, quorum, majorities) or that the decision causes you prejudice or is fraudulent. The procedure takes place before the justice of the peace where the building is located.
My neighbour is building without a permit, what can I do?
First report the violation to the municipality (urban planning department). If the municipality doesn't act, you can contact the regional delegated official. In parallel, if this construction causes you direct harm (loss of view, light), you can take legal action to obtain demolition or damages.
Is residential lease law different in Wallonia, Brussels, and Flanders?
Yes, since regionalization in 2014, each region has its own legislation. Rules on lease duration, rent reviews, and termination conditions vary. In Brussels, for example, an indicative rent framework was created in 2024. Check which legislation applies to your property.
How long does a hidden defect procedure take?
You must act within a short time after discovering the defect (a few months maximum). The procedure itself can take 1 to 3 years, especially if a judicial expert assessment is ordered to evaluate the defects and their repair cost. Keep all evidence from the moment you discover the problem.
Do I need a lawyer for a rental dispute?
Before the justice of the peace, you can represent yourself or be assisted by a lawyer. For simple disputes (rent arrears, minor inventory disagreements), you might try representing yourself. For complex cases (commercial lease, contested eviction, major restoration work), a lawyer is recommended.

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