A basic deed, the rules of co-ownership and the rules of internal order form the basis for rules within apartment buildings. What is this deed? You can read it here!
Contents
- What is a basic deed?
- What does the basic deed say?
- What is each owner’s share of common parts?
- When does the deed apply?
- What does this mean for tenant and landlord?
- Tips for preparing a basic deed
1. What is a basic deed?
A basic deed is:
- A legal document containing the main rules and regulations governing the management and use of a multi-owner building, such as an apartment or office building.
- Drawn up in an authentic deed by a notary public.
- crucial to clarify and understand the rights and responsibilities of all owners. It is the basis for conflict resolution.
- is prepared in accordance with the requirements of the Civil Code.
- is binding on all owners within the building.
2. What does the basic deed say?
- A description of the apartment or office building.
- A description of the private and common parts.
- A determination of each owner’s share of the common parts.
3. What is each owner’s share of common parts?
3.1. De waarde berekening
The valuation must be mandatory in the deed, along with a report from a notary, surveyor-expert, architect or real estate agent. One calculates this based on the value of the common parts:
- The net floor area of the common parts.
- the purpose of the common parts.
- The location of the private portion.
3.2. Het belang
The more shares you have:
- the more common costs you have to pay.
- the more your vote carries weight at the general meeting of co-owners.
4. When does the deed apply?
If you buy an apartment or office and in the apartment or office building are both private and common parts, you must have a basic deed and rules of co-ownership. The deed and rules of co-ownership make up the building’s bylaws.
4.1. Wat is gedwongen mede-eigendom?
- The common parts are your co-ownership as of purchase.
- All owners may use all common parts.
- Owners have no control over the allocation of common parts.
5. What does this mean for tenant and landlord?
- As the landlord (owner), you must provide the tenant with the basic deed.
- As a tenant, you must sign your lease stating that you are aware of and agree to the deed.
- As a tenant and landlord, you must follow the requirements of the deed.
- Co-owners will hold the landlord (owner) accountable for a violation by the tenant.
6. Tips for preparing a basic deed
- Consult a legal expert such as a notary or lawyer.
- Write in plain language so that the deed is understandable to any owner.
- Anticipate future developments with flexible clauses.
- Mentioned:
- specific rules and regulations for the use, management and maintenance of the private and common parts.
- specific resolution procedures for disputes between owners.
- specific rules and regulations for (future) tenants.
- What is the procedure for amending the deed (e.g., what is the required majority vote at the general meeting?).
- You need approval and a signature from each owner.
- The deed is not often amended and serves as a foundation.
Sources: Dewaele, Livios, Syndicus Service
Would you like to cite this article as a source? Then use:
Stiasteny, L. (2024, Nov. 19). Mandatory basic deed for apartments under legislation. Apartment.com. Consulted on (date XX/XX/202X), from https://www.appartement.be/verplichte-basisakte-volgens-de-wetgeving/
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