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9 JULY 1971. - Act regulating housing construction and sale of housing to be built or under construction.
(NB: and text update until 19-06-1993 ) Publication: 11-09-1971 number: 1971070904 page: 10442 File number: 1971-07-09/30 Entry into force: 01-01-1972
Item 1 . This law applies to any agreement for the transfer of ownership of a house or apartment to be built or under construction, based on any agreement whereby an undertaking is entered into to to build, have built or insure real estate, provided that the house or apartment is intended for housing or for professional purposes and housing and the buyer of the customer is obliged under the agreement to make one or more deposits before the completion of the building doing.
(This law also applies to any transfer of property agreement whereby the undertaking is entered into a house or apartment, intended for housing or for professional purposes and to house, renovate or overlap where the total price of the refurbishment or extension works exceeds minimum amount including the calculation modalities will be determined by the king and the buyer of the customer according to the agreement is obliged to make one or more payments before the completion of these works.) <L 1993-05-03/36, art. 1,002; In effect: 01-10-1993>
Art. 2 . This law does not apply to contracts entered into by:
1° (the regional housing and land companies and their recognized companies;) <L 1993-05-03/36, art. 2.002; Effective: 01-10-1993>
2° the municipalities and the intermunicipal companies;
3° a purchaser of a client whose guaranteed effectiveness consists in erecting houses of apartments or having them erected in order to dispose of them for consideration; every agreement entered into by this transferee of the client is concluded in the context of its regular effectiveness.
(This law also does not apply to agreements the object of which is a study assignment with regard to works referred to in Article 1, provided that the agreement includes a description of the works to which the assignment relates and a statement of the needs study of the provider of . 36/03, s.2002;Effective: 01-10-1993>
Art. 3. The agreement referred to in Article 1 falls under the provisions of the Civil Code regarding the purchase of the rental of work and of services associated with specifications and contracts, subject to the derogations provided for in this law.
Art. 4 . Through the agreement, the seller's rights to the land and to the existing structures, with regard to the house or apartment to be built or in the construction of his house or apartment, immediately transfer to the buyer.
Art. 5 . The transfer of ownership of structures to be built takes place when half of the building materials are placed in the ground of the building and processed.
However, in the case of both a sale and a building contract, the risk, in accordance with the provisions of Articles 1788 and 1789 of the Civil Code, cannot pass before the provisional acceptance of the works of, in the case of an apartment, before the provisional acceptance of the parts for private use.
Art. 6 . Articles 1792 and 2270 of the Civil Code are also applicable to the seller.
The indemnification of the seller's forces that it allows also relates to the prestige of the successive owners of the apartment house. However, the legal action can only be brought against the selling seller.
When an apartment of a collective building is sold after completion, the liability of the seller for the common parts of the apartments sold after completion falls under the application of this article.
Art. 7 . The agreements reached in Article 1 include the promises for certain agreements must:
a) indicate the identity of the owner of the land and of the existing structures;
b) indicate the date of issuance of the building permit and the terms of that permit on a certified copy of this permit and of its terms, within one month of receipt of the notice of the planning application;) <L 1993 -05-03/36, art. 3,002; Entry into force: 01-10-1993>
(bbis) (stating whether or not the purchaser of the customer makes the agreement subject to the condition precedent of obtaining financing for a minimum fixed amount subject to conditions to be determined; this condition precedent can never exceed three months, to count from the date of conclusion of the contract;) <L 1993-05-03/36, art. 3,002; In effect: 01-10-1993>
c) include a detailed description of the private and communal parts which constitute the actual existence of the contract;
d) (as an appendix, the precise plans and detailed specifications, comments on the works to which the agreement relates. A copy of the authentic form of the basic deed and of the rules of co-ownership must be added;) < L 1993-05-03 /36, art. 3,002; Entry into force: 01-10-1993>
The absence of these attachments in the authentic deed can be covered by the notary's declaration, in this deed, that these documents are in the possession of the parties;
e) (specify the total price of the house of the apartment of, in the case of the adaptation, the total price of the renovation of the extension) from the method of payment; state that the price is subject to revision; (This price includes all works necessary for normal habitability;) <L 1993-05-03/36, art. 3,002; Effective: 01-10-1993>
(ebis) het bestaan vermelden van de gewestelijke overheidsstegemoetkomingen inzake huisvesting en als bijlage van de overeenkomst communicate the corresponding basic conditions;) <L 1993-05-03/36, art. 3,002; Effective :01-10-1993>
f) indicate the date of commencement of the works, the execution or delivery period and the comparisons for delays in the execution of the delivery; these fees should probably correspond to a normal rent (of the completed property to which the agreement relates) agree agreements; <W 1993-05-03/36, art. 3,002; Effective: 01-10-1993>
g) determine the manner in which delivery will take place;
(h) confirm the acknowledgment of the parties that they have had knowledge of the confidential information and documents referred to in this Article for the past 15 years.
The King may determine the minimum conditions of the provisions of this article to be answered.
(In any case, the agreement states in a separate paragraph, in different and bold characters, that the buyer of the customer has the right to invoke the nullity of the contract or the nullity of a conflicting clause in the event of non-compliance with the provisions of the powers of Articles 7 and 12, the text of which must be incorporated in full into the agreement.) <L 1993-05-03/36, art. 3,002; In effect: 01-10-1993>
Art. 8 . The price of which the agreement is included in Article 7, e, is the price on the day of the signing of the agreement.
The King determines the mode of price revision.
Art. 9. The final delivery of the work may not take place until one year has elapsed since the provisional delivery, on the understanding that the final delivery of the common parts, including the transition of the entrances, has not yet taken place, so that normal habitability is ensured.
Art. 10 . The seller may not require or accept any payment in any form whatsoever from the contractor before the contract presumed in Article 1 has been entered into.
Indian an advance of hand money is paid at the conclusion of the agreement, the amount assumed to not exceed 5 per cent. of the total price.
The promoter of the contractor may, upon execution of the authentic deed, demand the payment of a sum which, taking into account the advance of hand money paid, will be equal to the price of the land of the share being sold, extended with the price of the works carried out (approved by an architect admitted to accepting that profession in Belgium. A copy of the approval is attached to the deed). <W 1993-05-03/36, art. 4,002; Effective: 01-10-1993>
(In the terms provided for in the second paragraph of Article 1, the sum referred to in the previous paragraph is equal to the sale price of the real estate subject to the transfer of ownership, increased by the price of the work performed.) <L 1993 -05-03/36, art. 4.002;Effective: 01-10-1993>, 002; Effective: 01-10-1993>
The balance of the price of the works is not payable in parts from the day of the execution of the authentic deed; the partial payments may not exceed the price of the work carried out.
When a promise of agreement is not followed by its conclusion, the contractual fee ten last of the buyer from the principal cannot exceed 5 per cent. of the total price; Notwithstanding its forfeiture nature, contractual compensation may be increased or decreased, Indian is certain that the amount believed to be less or more than the actual damages suffered.
Art. 11 . The agreement may not contain a repurchase clause.
Art. 12 . When the seller of the contractor, with regard to the nature and scope of the works assigned to him, meets the requirements of (the Law of 20 March 1991) the approval of contractors, he is obliged to provide security, including the King the amount described, how the manner in which they are deposited and released. <W 1993-05-03/36, art. 5,002; Entry into force: 01-10-1993>
If the seller of the contractor does not meet the requirements of (the law of March 20, 1991), as stipulated in the theoretical paragraph, he is privately held to the final performance (of the house of the apartment, or in the case sold , of the renovation or extension,) voided, in the event of dissolution of the contract for non-completion, the refund of the amounts paid. <W 1993-05-03/36, art. 5,002; Entry into force: 01-10-1993>
The King determines the nature of the guarantee and the conditions under which it is confirmed, the manner in which the buyer is informed of the principal. This security has a privilege that immediately follows the privilege provided for in Article 27, 5°, of the Mortgage Law.
Art. 13. Any clause contrary to Articles 3 to 6 and 8 to 11, beginning with the Royal Decrees made in implementation of Article 8, paragraph 2, shall be deemed not to have been written.
The non-compliance with the provisions of Article 7, of Article 12 of the decisions taken in the implementation of these Articles, results in the nullity of the contract or the nullity of the clause contrary to the law.
One or the other nullity may be invoked at the option of the purchaser of the client, within the meaning of Article 1, and only by them, before the death of the authentic deed of, If it concerns a building contract, before the provisional acceptance referred to to Article 9.
(The authentic deed must mention all the requirements of articles 7 and 12 of this law have been complied with.) <L 1993-05-03/36, art. 6,002; In effect: 01-10-1993>
Art. 14 . He who, directly or indirectly, violates the provisions of Article 10 by demanding or accepting payments, shall be punished with integration from eight days to one month and a fine of 26 francs to 200 francs or one such fine alone.
The provisions of Book I of the Penal Code, Chapter VII and Article 85 not excepted, are applicable to the misrepresented in this Article.
(ATTENTION: read euro instead of franc: W 26-06-2000, art. 2, Entry into force: 01-01-2002)
Art.15. The King shall determine the date on which this law enters into force. This law entered into force at the latest on the first day of the fourth month following that during which it is published in the Belgian Official Gazette.
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