The Fundamental Right to Housing

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

The fundamental right to housing, affirmed by Article 1 of the Act of 22 June 1982, does not apply to second homes; where a Court of Appeal, in its sovereign assessment, finds that a building let on lease constituted such a residence for the tenants, it correctly infers that those tenants cannot claim, on the basis of Article 72 of the Act of 22 June 1982, the benefit of the provisions of that Act.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for lodging appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Be proactive: preventive advice always costs less than a dispute

For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.