The Commercial Lease Contract is a fundamental document in Belgian commercial property transactions, essential for businesses seeking to establish or expand their physical presence in Belgium. This agreement is specifically governed by the Belgian Commercial Lease Act of 1951 (Handelshuurwet/LOI sur les baux commerciaux) and must comply with its mandatory provisions, including the minimum 9-year term requirement. The document is used when a property owner (landlord) wishes to lease commercial space to a business tenant, establishing their respective rights and obligations while ensuring compliance with Belgian federal and regional regulations. It covers crucial aspects such as rent determination, payment terms, maintenance obligations, permitted use, and termination conditions, while also addressing specific Belgian requirements like mandatory registration and rent revision mechanisms.
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1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers, and registered addresses
2. Background: Context of the lease 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: Specification of the lease duration (minimum 9 years under Belgian law) and start date
6. Rent and Payment Terms: Rent amount, payment schedule, and indexation provisions
7. Charges and Taxes: Distribution of charges, utilities, and tax obligations between parties
8. Use of Premises: Permitted commercial activities and any restrictions on use
9. Maintenance and Repairs: Obligations of both parties regarding maintenance, repairs, and improvements
10. Insurance: Required insurance coverage for both landlord and tenant
11. Assignment and Subletting: Conditions for assignment and subletting rights
12. Termination Rights: Grounds and procedures for early termination by either party
13. Return of Premises: Conditions for returning the property at lease end
14. Governing Law: Confirmation of Belgian law application and jurisdiction
15. Registration: Obligations regarding official registration of the lease
1. Break Options: Additional termination rights beyond statutory provisions, used when parties agree to specific break clauses
2. Fit-out Works: Provisions regarding initial tenant improvements, used when premises require modification for tenant's use
3. Green Lease Provisions: Environmental and sustainability obligations, used for properties with specific environmental certifications or requirements
4. Service Charge Provisions: Detailed service charge calculations and allocations, used for properties in multi-tenant buildings
5. Security Deposit Alternative: Provisions for bank guarantees or other security forms, used when cash deposit is not the chosen security method
6. Change of Control: Provisions regarding change in tenant's ownership, used for corporate tenants
7. Trading Name Rights: Provisions regarding use of specific trading names, used for retail premises
8. Parking: Specific provisions for parking spaces, used when parking is included in the lease
1. Schedule 1 - Floor Plans: Detailed plans showing the leased area and common parts
2. Schedule 2 - Inventory of Fixtures: Detailed list of fixtures and fittings included in the lease
3. Schedule 3 - Technical Specifications: Technical details of building systems and services
4. Schedule 4 - Service Charge Budget: Estimated annual service charges and calculation method
5. Schedule 5 - Building Rules: Rules and regulations for use of the building
6. Schedule 6 - Fit-out Guidelines: Technical requirements for any tenant improvements
7. Appendix A - Handover Report: Condition report at the start of the lease
8. Appendix B - Environmental Performance Certificate: Current energy performance certificate for the premises
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