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Commercial Tenancy Agreement for Belgium

Commercial Tenancy Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law, specifically the Commercial Lease Act of 1951, that establishes the terms and conditions for leasing commercial property in Belgium. This document outlines the rights and obligations of both landlord and tenant, including mandatory provisions for a minimum nine-year term, rent review mechanisms, maintenance responsibilities, and renewal rights. It incorporates specific Belgian legal requirements for commercial properties, including mandatory registration, while addressing practical aspects such as security deposits, permitted use, and service charges. The agreement ensures compliance with regional regulations and provides a framework for managing the commercial tenancy relationship.

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What is a Commercial Tenancy Agreement?

The Commercial Tenancy Agreement is a vital legal document used in Belgium when establishing a formal lease relationship for commercial properties. It must comply with the Commercial Lease Act of 1951 (Handelshuurwet/LOI sur les baux commerciaux) and related Belgian legislation, which provides specific protections and obligations for both landlords and tenants. This agreement is essential for businesses requiring physical premises and covers crucial aspects such as the mandatory minimum nine-year term, rent determination and review, maintenance obligations, and statutory renewal rights. It's particularly important as Belgian law provides significant tenant protections and requires specific formalities, including mandatory registration. The document serves as a comprehensive framework for managing commercial property relationships while ensuring legal compliance and protecting both parties' interests.

What sections should be included in a Commercial Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including registration numbers for companies

2. Background: Context of the agreement and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises including address and cadastral details

5. Term and Commencement: Duration of the lease (minimum 9 years under Belgian law) and start date

6. Rent and Payment Terms: Rent amount, payment schedule, indexation, and payment methods

7. Security Deposit: Amount and form of security deposit and conditions for return

8. Permitted Use: Specified commercial activities allowed in the premises

9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs

10. Insurance: Required insurance coverage for both parties

11. Utilities and Charges: Responsibility for utilities, common charges, and other operating costs

12. Alterations and Improvements: Rules regarding modifications to the premises

13. Assignment and Subletting: Conditions under which the tenant may assign or sublet

14. Termination Rights: Circumstances and procedures for early termination

15. Renewal Rights: Tenant's right to renewal under Belgian law and associated procedures

16. Governing Law: Confirmation of Belgian law application and jurisdiction

17. Execution: Signature blocks and execution details

What sections are optional to include in a Commercial Tenancy Agreement?

1. Environmental Provisions: Required when the property has specific environmental requirements or risks

2. Trading Hours: Include when there are restrictions on operating hours

3. Signage Rights: Include when specific provisions for external signage are needed

4. Break Clause: Optional early termination rights beyond statutory provisions

5. Service Charge Provisions: Required for properties in multi-tenant buildings with shared services

6. Green Lease Provisions: Include when parties want to incorporate sustainability commitments

7. Parking Rights: Include when parking spaces are part of the lease

8. HVAC Provisions: Required when specific heating/cooling systems need special mention

9. Security and Access: Include when there are specific security arrangements or access restrictions

What schedules should be included in a Commercial Tenancy Agreement?

1. Schedule 1 - Floor Plans: Detailed plans showing the leased area and common parts

2. Schedule 2 - Inventory: List of fixtures, fittings, and equipment included in the lease

3. Schedule 3 - Service Charges: Breakdown of service charges and calculation method

4. Schedule 4 - Building Rules: Rules and regulations for the use of the building

5. Schedule 5 - Condition Report: Initial condition of the premises with photographs

6. Schedule 6 - Permitted Alterations: Pre-approved alterations the tenant may make

7. Schedule 7 - Technical Specifications: Technical details of building systems and installations

8. Appendix A - Registration Documents: Documents required for mandatory registration of the lease

9. Appendix B - Energy Performance Certificate: Mandatory energy performance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions







































Clauses







































Relevant Industries

Retail

Office Space

Hospitality

Industrial

Warehousing

Professional Services

Healthcare

Food and Beverage

Banking and Finance

Technology

Entertainment

Manufacturing

Logistics

Education

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Property Management

Business Development

Asset Management

Administration

Relevant Roles

Property Manager

Real Estate Director

Facilities Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Business Development Manager

Operations Manager

Asset Manager

Leasing Manager

Corporate Real Estate Manager

Risk Manager

Compliance Officer

Store Manager

Branch Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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