Amendment of the Commercial Lease Act in Wallonia, as well as separate regulation for pop-ups

Amendment of the Commercial Lease Act in Wallonia, as well as separate regulation for pop-ups

Two years after Flanders, Wallonia follows suit with a regulation for renting commercial premises for less than one year.

The Décret relatif au bail commercial de courte durée et modifiant le Code civil of 14 March 2018 also introduces for the territory of the Walloon Region a separate regulation for short-term commercial leases (i.e. for those of less than one year). The new regime enters into effect on 1 May 2018.   

The Walloon regulation largely corresponds to the Flemish version.

The draft decree contained a few innovations, such as a possibility of prolongation up to a maximum of two years but, with regard to the term, the definitive version of the decree is perfectly identical to the Flemish one: as soon as the term exceeds the one year, the Commercial Lease Act applies retroactively.

Furthermore, the Walloon Region took the opportunity to make changes to the classic Commercial Lease Act. The obligation to have every early termination of the lease established by a notarial deed or by a declaration made before the judge is replaced by “un acte écrit présenté à l´enregistrement”. So now all one has to do is register the termination agreement. An identical change was made for the renewal for a period of less than nine years: this too no longer has to be done by notarial deed or declaration before the judge, but can take place with a registered private deed. Unlike the separate regime for pop-ups, these changes have already entered into force.  

Finally, the Brussels-Capital Region is also working on a regulation for short-term commercial leases.

For more information on this topic, you can consult Ewoud Willaert.