Premises cannot at the same time be

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

The situation

Premises cannot at the same time be classified as both principal and ancillary within the meaning of the decree of 30 September 1953; the principal premises in which the business is carried on may encompass several leases covering multiple buildings. Since a sub-tenant carries on, with the knowledge and consent of the lessor, a business in an adjacent building, and was authorised to break through the wall separating the two buildings to facilitate the operation of the business, the courts may consider that this linking of the two premises, used for the same business, gives the sub-let premises the character of principal premises within the meaning of the aforesaid decree.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly respect the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, letters)
• Plan ahead: preventive advice is always cheaper than litigation

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