The Commercial Real Estate Lease Agreement is a fundamental document used in Belgium for establishing legally binding terms between property owners and business tenants. This agreement type is essential when leasing any commercial property in Belgium, whether for retail, office, or industrial use. The document must comply with the Commercial Lease Act of 1951 (Handelshuurwet/LOI sur les baux commerciaux) and relevant provisions of the Belgian Civil Code, which provide specific protections and obligations for both parties. Key features include the mandatory minimum 9-year term, statutory rent review provisions, and specific requirements for termination and renewal. The agreement covers essential elements such as rent, charges, maintenance obligations, permitted use, and insurance requirements, while also accounting for regional variations in Belgian property law.
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1. Parties: Identification and details 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 and intended commercial use
3. Definitions: Defined terms used throughout the agreement for clarity and consistent interpretation
4. Property Description: Detailed description of the leased premises, including address, cadastral details, and any common areas
5. Term and Renewal: Duration of the lease (minimum 9 years under Belgian law), renewal options, and notice requirements
6. Rent and Payment Terms: Rental amount, payment schedule, indexation provisions, and review mechanisms
7. Security Deposit: Amount, form, and conditions of the security deposit or bank guarantee
8. Charges and Taxes: Distribution of charges, utilities, property taxes, and other costs between parties
9. Use of Premises: Permitted commercial activities, restrictions, and requirements for change of use
10. Maintenance and Repairs: Responsibilities of each party for maintenance, repairs, and improvements
11. Insurance: Required insurance coverage for both landlord and tenant
12. Assignment and Subletting: Conditions and procedures for assignment or subletting of the premises
13. Termination: Grounds for termination, notice requirements, and consequences of early termination
14. Return of Premises: Conditions for returning the property and handling of tenant improvements
15. Governing Law and Jurisdiction: Application of Belgian law and competent courts
16. Signatures: Execution block for all parties
1. Environmental Provisions: Additional environmental obligations when the property has specific environmental concerns or requirements
2. Alterations and Improvements: Detailed provisions for major modifications when significant renovations are anticipated
3. Trading Name and Signage: Specific provisions for retail premises requiring exterior signage or branding
4. Service Charges: Detailed service charge provisions for multi-tenant buildings or shopping centers
5. Break Options: Early termination rights when agreed between parties
6. Green Lease Provisions: Sustainability and energy efficiency obligations for environmentally conscious parties
7. Repair Fund: Provisions for contribution to a repair fund in older properties or those requiring significant maintenance
8. Covid-19/Force Majeure: Specific provisions dealing with pandemic or other force majeure situations affecting business operations
1. Schedule 1 - Floor Plans: Detailed plans showing the leased area and common parts
2. Schedule 2 - Inventory: Detailed inventory of fixtures, fittings, and condition report
3. Schedule 3 - Technical Specifications: Building systems, equipment, and technical installations details
4. Schedule 4 - Service Charge Budget: Estimated annual service charges and calculation method
5. Schedule 5 - House Rules: Building regulations and operational procedures
6. Schedule 6 - Environmental Performance Certificate: Energy performance and environmental certificates
7. Schedule 7 - Permitted Alterations: Pre-approved alterations or improvements
8. Appendix A - Registration Documents: Documents required for mandatory registration of the lease
9. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
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