The Licence To Occupy Residential Property is designed for situations where traditional lease arrangements are not suitable or desired under Belgian law. This document is commonly used for temporary accommodation, corporate housing, or situations requiring flexible occupancy terms while ensuring compliance with Belgian housing regulations. It provides a legal framework that clearly distinguishes the arrangement from a standard tenancy, while still protecting both parties' interests and meeting all regulatory requirements. The document includes essential elements such as duration, payment terms, occupier and property owner obligations, and specific provisions required by Belgian regional housing codes. It's particularly useful for companies providing temporary housing to employees, educational institutions offering student accommodation, or property owners seeking more flexible arrangements than traditional leases.
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1. Parties: Identification of the Licensor (property owner) and Licensee (occupier), including full legal names, addresses, and national numbers
2. Background: Context of the agreement, explicitly stating that this is a license to occupy and not a lease, and the purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including 'Property', 'License Period', 'License Fee', and 'Common Areas'
4. Grant of License: Clear statement of the permission to occupy, specifying the exact nature and limitations of the right granted
5. Duration: Period of the license, including start and end dates, and any provisions for extension or early termination
6. License Fee: Amount payable, payment schedule, method of payment, and any review mechanisms
7. Utilities and Charges: Responsibility for payment of utilities, local taxes, and other charges
8. Use of Property: Permitted use of the property, restrictions, and obligations regarding maintenance and care
9. Licensor's Obligations: Responsibilities of the property owner, including maintenance of structure and compliance with housing regulations
10. Licensee's Obligations: Responsibilities of the occupier, including proper use, reporting damages, and compliance with house rules
11. Insurance: Insurance requirements for both parties
12. Termination: Circumstances under which the license can be terminated by either party and the process for termination
13. Notices: How formal communications between parties should be made and delivered
14. Governing Law: Confirmation that Belgian law governs the agreement and jurisdiction for disputes
1. Common Areas: Include when the property has shared facilities or spaces, defining access rights and usage rules
2. Security Deposit: Include when a deposit is required, specifying amount, holding arrangements, and return conditions
3. House Rules: Include when there are specific rules for the property or building, particularly relevant for multi-unit buildings
4. Data Protection: Include when personal data processing goes beyond basic contract administration
5. Sublicensing: Include when there's a need to explicitly prohibit or allow sublicensing arrangements
6. Energy Performance: Include when specific energy performance obligations or certifications need to be documented
7. Internet and Telecommunications: Include when arrangements for internet and telecommunications services need to be specified
1. Schedule 1 - Property Description: Detailed description of the property including address, included fixtures, fittings, and furniture
2. Schedule 2 - Inventory: Detailed list of any furnishings, appliances, and their condition at the start of the license
3. Schedule 3 - House Rules: Specific rules and regulations for the property and/or building
4. Schedule 4 - Utility Agreements: Details of utility arrangements and payment responsibilities
5. Appendix A - Property Photos: Photographic evidence of property condition at commencement
6. Appendix B - Energy Performance Certificate: Copy of current energy performance certificate
7. Appendix C - Safety Certificates: Copies of relevant safety certificates (electrical, gas, fire safety)
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