On 30 January 2020, the Belgian Parliament unanimously adopted a bill inserting a new Book 3 into the Civil Code that is dedicated to property law.
This property law reform is part of the overall project to modernise the Civil Code dating from 1804, after the 2019 insertion of a new Book 8 regarding the regime of evidence. Lawmakers still need to prepare a bill inserting a new Book 5, which concerns obligations.
The new Book 3 modernises property law with four main objectives:
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integrate in a structured way the major property law texts into the Civil Code, with a view to optimise transparency and legal certainty;
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instrumentalise property law in order to make it more functional;
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modernise property law and adapt it to the needs of today's society; and
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make property law more flexible and strike a new balance between freedom of contract and legal certainty.
The reform is not, however, a revolution, as it retains the essence of the original legislation by restructuring and updating the provisions in order to make the whole more coherent, comprehensive and transparent.
Among the notable developments is the recognition of the ownership of “volumes”, included in a new definition of the surface right.
Also, there is a noteworthy inclusion of a title on 'Neighbourly relations' that for the first time enacts the notion of ‘neighbourhood problems', which until then was merely a jurisprudential extrapolation of the definition of the right of ownership contained in article 544 of the Civil Code of 1804.
The bill must still be submitted for Royal signature and will come into force, subject to certain exceptions, 18 months following its publication in the Belgian official journal.
Michaël Lambert, Associate, Brussels
Pierre-Axel Chabot, Partner, Brussels
