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Belgium Property Disputes: Neighbour Nuisance and Co-ownership

By Recording Law Editorial Team6 min read
Belgium Property Disputes: Neighbour Nuisance and Co-ownership

Frequently Asked Questions

Which court handles a property dispute between neighbours in Belgium?

For neighbour nuisance and for apartment co-ownership disputes it is the vrederechter, the juge de paix, and regardless of the amount claimed (Judicial Code article 591). This is the local, accessible judge, so you do not go to the tribunal of first instance for these claims.

What is the difference between the two pages in this section?

Neighbour noise and nuisance covers disputes between separate properties, such as excessive noise, smells or other disturbances, under article 3.101 of the Civil Code. Co-ownership and the syndic covers life inside a shared apartment building: the association of co-owners, the syndic, the general assembly and its majorities, under articles 3.84 to 3.100.

Is neighbour nuisance a criminal matter in Belgium?

No. Excessive neighbour nuisance under article 3.101 is a civil matter, decided by the vrederechter, the juge de paix, who can award compensation or order the disturbance to stop. Night noise can separately be a municipal GAS / SAC matter, and the two routes can run in parallel.

Did Belgian property law change recently?

Yes. Both the neighbour-nuisance rules and the co-ownership rules were recodified into the new Burgerlijk Wetboek, the Code civil, with effect from 1 September 2021, so older references to the previous articles of the ancien Code civil are out of date for facts arising from that date.

Who runs a Belgian apartment building?

The syndic, the syndicus, an organ of the association of co-owners (vereniging van mede-eigenaars, association des copropriétaires), manages day-to-day matters on a mandate capped at three years, while the general assembly takes the important decisions by graduated majorities.

Sources and References

  1. Burgerlijk Wetboek, Boek 3 Goederen, art. 3.84-3.102 (Wet 4 februari 2020), geconsolideerde tekst, Justel(ejustice.just.fgov.be).gov
  2. Code civil, Livre 3 Les biens, art. 3.84-3.102 (Loi du 4 fevrier 2020), texte coordonne, Justel(ejustice.just.fgov.be).gov
  3. FOD Justitie / SPF Justice, Het vredegerecht / La justice de paix (bevoegdheden van de vrederechter)(justitie.belgium.be).gov
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