Construction law is an intricate matter and consist of many facets.
Numerous questions arise before the first brick is even in place. Matters concerning town and country planning, parcelling permits, environmental permits, soil sanitation, waste, protection of the environment, preservation of woods, protection of monuments, groundwater, archaeological patrimony, dunes, ...
It is also very possible that problems concerning administrative law present themselves from the outset. For instance, government procurement regulations, eviction, social accommodation, lack of occupancy or neglect, public-private partnership (PPP), road works, mains and electricity grid, public and private property, water, ...
Energy law plays an increasingly important part in today’s society. Questions about electricity and gas connection for instance, are very common. A very current subject is funding as well as other fiscal instruments that are financially beneficial when starting a construction project.
Law of property is another important aspect to consider when involved with construction law. Notably the division of goods, property law, easement, usufruct, long lease, right of building, co-ownership, transfer of real immovable property,...
Furthermore, a number of contracts need to be drawn up:
- Architect contract
- Construction contract
- Option contract
- Sub-and general contracting
- The promotion agreement
- Contract with the safety coordinator
- Contract with the inspection body
- Contract with the engineer and the research company
- Contract with the project manager,...
Consumer protection is becoming more important in matters concerning construction law. Not only the law on the construction of houses but also the law on market practices and the protection of the consumer have to be taken into account.
Corporate law and notarial law (private sale agreement versus a deed drawn up by a notary public) are indispensable aspects of construction law. The building sector therefore makes occasional use of a temporary partnership.
A prudent private individual knows that, rightfully, the state has something to gain from this process as well. How much value added tax, registration fees, legacy and succession duties, income tax, real income subject to taxation, corporation tax, tax on legal persons and non-resident tax will you be owing?
Did you know that under certain circumstances and in the capacity of entrepreneur, you can be liable for the fiscal and NSSO debts of a contractor with fiscal and/or social debts?
How to protect yourself from this?
What measures are to be taken when your architect, engineer, research company, inspection body, safety coordinator, contractor, supplier, project manager or promoter makes a mistake that affects you as the developer?
What if your neighbour holds you liable for disturbance caused by the noise of the persisting construction works?
Do you have questions about the insurance of your construction works (insurance for all risks on construction sites and/or control insurance or the insurance "decennial liability")? Does your contractor have a professional liability insurance?
It goes without saying that accurate advice and thorough assistance during a procedure is never called upon too soon amidst this patchwork of complex regulations.
Law Office RvB & Partners, always reliable, real good in real-estate.