The notable modification of the elements

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

The situation

The notable modification of the elements mentioned in Article 23-1 of the Decree of 30 September 1953, to which Article 23-6 refers, relates to the characteristics specific to the premises concerned and not to the methods of determining the rental value, the setting of which presupposes that the exemption from the capping rules has first been obtained. It follows that an increase in the rental value of residential premises cannot justify an exemption from the capping rules, since it involves neither a change in the characteristics of the premises nor a modification of the use of the premises, the respective obligations of the parties, or the local commercial factors.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for legal recourse
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation.

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