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Commercial Rental Agreement

Commercial Rental Agreement Template for Belgium

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Key Requirements PROMPT example:

Commercial Rental Agreement

"I need a Commercial Rental Agreement for a retail space in Brussels city center, with a planned start date of March 1, 2025, including specific provisions for storefront signage rights and extended trading hours on weekends."

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Document background
The Commercial Rental Agreement is a vital legal instrument used in Belgium for leasing business premises, regulated primarily by the Commercial Lease Act of 1951 and related legislation. This document is essential when a property owner (landlord) agrees to rent commercial space to a business tenant for professional, commercial, or industrial activities. It must comply with specific Belgian requirements, including a mandatory minimum term of nine years, strict provisions for rent reviews, and formal registration obligations. The agreement covers comprehensive aspects of the commercial tenancy, from basic rent and payment terms to detailed provisions about property use, maintenance obligations, and termination rights. It's particularly important that this document reflects both federal Belgian law and applicable regional regulations (Brussels, Flanders, or Wallonia), while also addressing specific commercial requirements of the property and business type involved.
Suggested Sections

1. Parties: Identification of the landlord and tenant with full legal details

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 Renewal: Duration of lease (minimum 9 years under Belgian law) and renewal conditions

6. Rent and Payments: Rent amount, payment terms, indexation, and other charges

7. Security Deposit: Details of required security deposit or bank guarantee

8. Use of Property: Permitted use and any restrictions on business activities

9. Maintenance and Repairs: Responsibilities of both parties for maintenance and repairs

10. Insurance: Required insurance coverage for both parties

11. Utilities and Charges: Responsibility for utilities, common charges, and taxes

12. Assignment and Subletting: Conditions for transferring the lease or subletting

13. Termination: Grounds and procedures for early termination

14. Registration: Obligations regarding official registration of the lease

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

Optional Sections

1. Fit-out Works: Details of any initial renovation or fit-out works, used when premises require modification

2. Environmental Provisions: Specific environmental obligations, used for properties requiring environmental permits

3. Trading Hours: Specific provisions regarding operating hours, used for retail premises

4. Service Charges: Detailed service charge provisions, used for properties in multi-tenant buildings

5. Signage Rights: Provisions for external signage and advertising, used for retail or visible commercial locations

6. Break Options: Additional termination rights, used when parties agree to early termination possibilities

7. Guarantors: Additional guarantor provisions, used when tenant provides personal or corporate guarantees

8. Change of Control: Provisions regarding change in tenant's ownership, used for corporate tenants

Suggested Schedules

1. Floor Plans: Detailed plans showing the leased area

2. Inventory: Detailed inventory of fixtures, fittings, and condition report

3. Technical Specifications: Technical details of the property including installations and equipment

4. House Rules: Building regulations and guidelines for multi-tenant properties

5. Service Charge Budget: Breakdown of estimated service charges and allocation method

6. Energy Performance Certificate: Mandatory energy performance documentation

7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

8. Fit-out Guidelines: Technical specifications for permitted alterations and improvements

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Permitted Use
Commencement Date
Expiry Date
Initial Term
Renewal Term
Premises
Common Areas
Rent
Index Adjustment
Service Charges
Security Deposit
Bank Guarantee
Business Days
Force Majeure
Landlord's Installations
Tenant's Fixtures
Insurance Requirements
Environmental Requirements
Utilities
Building
Registration Duties
Lease Year
Quarter Day
Operating Expenses
Material Breach
Applicable Laws
Competent Authority
Working Day
VAT
Handover Date
Property Manager
Base Rent
Additional Rent
Building Rules
Common Facilities
Lettable Area
Maintenance Charges
Planning Permissions
Indexation Date
Renewal Notice
Termination Notice
Outgoings
Structural Elements
Technical Installations
Fit-out Works
Environmental Permits
Occupancy Permit
Clauses
Interpretation
Grant of Lease
Term and Renewal
Rent Payment
Rent Review
Security Deposit
Use of Premises
Alterations and Improvements
Maintenance and Repair
Insurance
Assignment and Subletting
Utilities and Services
Property Access
Landlord's Obligations
Tenant's Obligations
Termination
Force Majeure
Registration
Environmental Compliance
Health and Safety
Quiet Enjoyment
Indemnification
Default and Remedies
Notices
Governing Law
Dispute Resolution
Service Charges
Common Areas
Building Rules
Signage Rights
Utilities
Tax Obligations
VAT
Energy Performance
Fire Safety
Waste Management
Structural Changes
Operating Hours
Security Arrangements
Parking Rights
Break Options
Relevant Industries

Retail

Office Space

Hospitality

Manufacturing

Logistics

Healthcare

Professional Services

Technology

Financial Services

Entertainment

Food and Beverage

Education

Automotive

Warehousing

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk and Compliance

Property Management

Asset Management

Business Development

Administration

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Commercial Director

Facilities Manager

Operations Manager

Chief Financial Officer

Business Development Manager

Store Manager

Regional Manager

Compliance Officer

Risk Manager

Asset Manager

Lease Administrator

Construction Manager

Industries
Commercial Lease Act of 1951 (Handelshuurwet/LOI sur les baux commerciaux): The primary legislation governing commercial lease agreements in Belgium, covering aspects such as lease duration, rent review, termination rights, and right of renewal
Belgian Civil Code (Articles 1708-1762): General provisions governing lease agreements, including basic contractual obligations, maintenance responsibilities, and general principles of contract law
Regional Urban Planning Codes: Regulations specific to Brussels, Wallonia, or Flanders regions regarding commercial property use, zoning requirements, and building permits
Energy Performance of Buildings Directive (EU): European regulations requiring energy performance certificates for commercial buildings when rented
Registration Duty Decree: Legislation governing the mandatory registration of lease agreements and associated taxes/duties
Environmental Decree: Regulations regarding environmental permits and standards for commercial properties
Fire Safety Regulations: National and regional safety standards that must be met for commercial premises
Anti-Discrimination Law: Legislation preventing discrimination in commercial property rental
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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