Book 7 – Key Takeaways For Lease Agreements

As part of the modernisation of the Belgian Civil Code, the Belgian legislator is currently reforming the law on special contracts, which will be codified in the future Book 7.

In January, we hosted a webinar addressing the key innovations proposed under Book 7 with respect to sale, lease and construction agreements relating to immovable property. This article reflects the part of the presentation on lease agreements and highlights the most relevant changes included in the draft legislation.

Definition

Book 7 defines a lease agreement as a contract whereby the landlord undertakes to grant the tenant the temporary use and enjoyment of a good in exchange for a price.

The notion of ‘use’ covers all material acts that do not diminish the value of the good, as well as legal acts that do not alter its legal status. The ‘enjoyment of a good’ entitles the tenant to the good’s profits. A ‘good’ may be movable or immovable, tangible or intangible.