Lawyer in Ixelles, Uccle and Etterbeek: property, co-ownership and neighbours

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Lawyer in Ixelles, Uccle and Etterbeek: property, co-ownership and neighbours

Are you looking for a lawyer in Ixelles, Uccle or Etterbeek? Novex Advocaten assists residents of these municipalities from our office on Avenue Louise (Louizalaan) in Brussels, in English, French, Dutch and Arabic. Many of the questions we receive from these municipalities concern property: buying a home, an apartment in co-ownership, renovation works or a dispute with the neighbours. This article explains which courts have jurisdiction and how we assist you in such disputes.

Lawyer in Ixelles, Uccle and Etterbeek: which court has jurisdiction?

Ixelles, Uccle and Etterbeek belong to the judicial district of Brussels. Each of these municipalities has its own justice of the peace court (vredegerecht / justice de paix). The justice of the peace hears monetary claims up to EUR 5,000 and, regardless of the amount, among other things lease disputes and disputes concerning the co-ownership of apartment buildings. Disputes about easements (erfdienstbaarheden / servitudes) and excessive neighbour nuisance also fall, regardless of the amount, within the jurisdiction of the justice of the peace (Art. 591, 2°ter and 3° of the Judicial Code).

Larger property disputes, such as a claim for latent defects involving a substantial amount, go before the Brussels court of first instance (rechtbank van eerste aanleg / tribunal de première instance). Traffic cases are heard by the Brussels police court (politierechtbank / tribunal de police), family matters by the Brussels family court (familierechtbank / tribunal de la famille). In Brussels, these courts exist in a Dutch-speaking and a French-speaking version; the justice of the peace courts handle cases in both Dutch and French. We plead in both languages.

Latent defects after buying a home

After the purchase, have you discovered damp problems, a leaking roof or a faulty installation that you could not see during the viewing? The seller may then be liable for latent defects (verborgen gebreken / vices cachés). The defect must be serious, must have existed at the time of the sale and must not have been detectable on a normally careful inspection.

The claim must be brought within a short period (korte termijn / bref délai), running from the discovery of the defect. You can choose between rescission of the sale and a reduction of the price. If the seller knew of the defect, they also owe you damages.

Many deeds of sale contain a clause exempting the seller, but it does not apply if the seller knew of the defect. A manufacturer or specialised seller, for example a property developer who builds the property himself, is moreover presumed to know of the defects. Have the damage established quickly and in the presence of both parties, if necessary by a court-appointed expert. Read more about latent defects when buying a home.

Your apartment: co-ownership disputes

If you own an apartment, you are a member of the association of co-owners (vereniging van mede-eigenaars / association des copropriétaires). The general meeting decides on works, service charges and the appointment of the building manager (syndicus / syndic). Certain decisions require a special majority: two thirds for most works on the common parts, four fifths for, among other things, a change in the allocation of charges.

Any co-owner can ask the court to annul an irregular, fraudulent or abusive decision of the general meeting. This claim must be brought within four months of the date of the meeting. If your claim against the association is upheld in full, you are exempt from any contribution to the costs that the association incurs for those proceedings.

So read the minutes as soon as you receive them and let us know what you wish to challenge. Read more about co-ownership disputes.

Renovation and disputes with the contractor

Is your renovation running late, is the work poorly done or is the contractor unexpectedly asking for more? Record the problems in writing and do not simply keep paying. At handover (oplevering / réception), you decide what you accept and what you do not. Acceptance without reservations generally covers visible defects, so note every problem in the handover report.

For serious defects that endanger the solidity or stability of the building, the contractor and the architect are liable for ten years. For homes where the involvement of an architect is mandatory and for which the permit was finally granted after 1 July 2018, this ten-year liability must also be insured. Ask for the insurance certificate before the works begin.

If a fixed price was agreed on the basis of an agreed plan, the contractor cannot claim a price increase for changes or additions, unless these were authorised in writing and their price was agreed with you. Read more about disputes with a contractor.

Neighbour nuisance and plantings

No one may impose on a neighbour a nuisance that exceeds the normal inconveniences of living next to each other. Anyone who suffers such excessive nuisance can seek compensation or an appropriate measure to restore the balance between neighbours, even if the neighbour committed no fault. Since 1 September 2021, these rules have been set out in Book 3 of the Belgian Civil Code.

The Civil Code also deals with specific issues. For example, trees that are at least two metres tall must stand at least two metres from the property boundary, measured from the centre of the base of the tree; for other trees, shrubs and hedges, a distance of half a metre applies (Article 3.133 of the Civil Code). There are also rules on overhanging branches and roots (Article 3.134 of the Civil Code) and on views into a neighbour’s property.

An amicable solution is always preferable, for example through mediation or an attempt at conciliation before the justice of the peace. If that fails, you can bring the dispute before the justice of the peace. Read more about neighbour nuisance.

Other areas of law

Tenancy law: for tenants and landlords, from the lease agreement to proceedings before the justice of the peace. In Ixelles, Uccle and Etterbeek, Brussels tenancy law applies (the Brussels Housing Code).
Traffic law: defence before the Brussels police court; since 1 September 2026, new offences fall under the penalty levels of the new Criminal Code.
Family law: divorce, residence arrangements for the children and child maintenance.
Criminal law, debt recovery and business: from police interviews to unpaid invoices and bankruptcy.

How do we work?

You contact us by phone or email and briefly explain your situation. We immediately give you an initial assessment of the approach and the costs, and make clear agreements about our fees. In property disputes, we look from the outset at which documents and findings are needed, because the evidence is often gathered in the first few weeks.

We check whether legal expenses insurance, for example linked to your home insurance, covers your costs. Where court proceedings are needed, you are in principle entitled to choose your own lawyer.

Frequently asked questions

How quickly must I act if I discover a latent defect?

As soon as possible. The law refers to a short period, without a fixed number of months. The court assesses this case by case, from the discovery of the defect.

I did not attend the general meeting. Can I still challenge a decision?

Yes, but for you too, the four-month period runs from the date of the meeting. So do not wait until the works start or the statement of charges arrives.

May I stop paying the contractor?

That depends on the seriousness of the defects and on the contract. Stopping payment altogether can backfire. We help you withhold the right amount and have the defects properly established.

Which justice of the peace court handles a dispute about my apartment or with my neighbours?

As a rule, the justice of the peace court of the canton where the building or plot is located. We check territorial jurisdiction before starting proceedings, so that your case does not lose time.