Coronavirus - Government measures in key jurisdictions - Flipbook - Page 12
Belgium
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Property
•
Have any changes
been made to
the laws around
property, rent and
enforcement?
In respect of payment of rent, the current pandemic does not constitute force
majeure for tenants. They have to pay rent and may not suspend payment of
rent. However, there are measures to mitigate the impacts of this pandemic. For
instance, in the Flemish Region:
– it is possible to extend the lease agreement by e-mail if the agreement is about to
expire during the confinement period,
– a social tenant who has lost his or her income due to temporary unemployment
as a result of force majeure will be able to ask the social landlord for a temporary
adjustment of the rent, and
– social landlords will be able to provide temporary shelter, directly or through an
intermediary institution, to individual or families in an emergency situation as a
result of the COVID-19 virus measures.
Litigation
•
In addition, due to social distancing requirements, some procedures or meetings
with physical attendance requirements have been either postponed or allowed
for alternative attendance means, this is the case for the participation in the
general meeting of association of co-owners. In immovable heritage application
procedures, flexibilities are granted in terms of (and amongst others) extension
of time limits for public enquiry on the establishment of the architectural heritage
inventory or for the appeal on certain decision.
•
For more details, please refer to our Corona Desk website.
•
Due to social distancing requirements, access to the courthouses has been
restricted. Until at least 3 May 2020, only persons who, for professional reasons,
have to be present in the building or persons who, exceptionally, have to be present
within the context of a legal proceeding are allowed to enter.
•
If a trial is required and no delay is possible, the case will be set at a fixed hour in
order to avoid a concentration of persons at one place. All persons present are
also asked to keep the necessary distance, at least one and a half metres, in the
courtrooms and outside.
•
The clerks’ offices still open to the public, but physical contacts are limited by
organizing a central reception, communication through electronic ways and, if
necessary, work by appointments only.
•
Until 3 May 2020, the courts only deal with urgent proceedings but should try
to ensure continuity of justice, to the extent that the health regulations can be
adequately complied with.
•
In terms of civil proceedings, according to the measures under Royal Decree No. 2,
all civil cases scheduled to be pleaded between 11 April 2020 and 3 June 2020
will automatically be trialled by written procedure, on the basis of exchanged
statements and exhibits. If all parties oppose to the written procedure, the case for
oral submissions will be postponed. For more details, please refer to our
Corona Desk website.
Are the courts
operating?
Government measures in key jurisdictions
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