Search form

menu menu

Construction of attached house (mitoyenneté)

Question

Hello, has anyone been in this situation? My house (in Flanders) was intended to be terraced (attached on both sides) when built, but one side has always been an empty plot. Now the plot has been sold. I vaguely remember the notaire telling me when I bought the house that if anybody wanted to build they would have to pay me a fee for the mitoyenneté. I've looked on https://www.notaire.be/, but I can't find anything about this, possibly I'm using the wrong search terms, things might have changed (it was a long time ago!), or maybe I imagined the whole thing.

I imagine I will hear from the new owners before they start to build (if they start to build) but I would love to hear from anyone who has experience of this what the exact situation is.

Thanks!

béatus

Dear Corylus,

You remembered correctly that the neighbor will (most likely) have to pay a fee when he starts to build.
The rules about the mur mitoyen are mentioned in the civil code and rather complex.
The price depends on various things such as :the region, the age of the wall, the m² that will be used,...
You can always contact your notaire (or real estate agent) to get more information on this topic.

These websites might be helpful:

http://www.livios.be/fr/info-construction/construire-renover-ou-acheter/...

http://www.ejuris-consult.be/mitoyennete-mur-mitoyen-cloture.shtml

kind regards

Apr 3, 2016 02:28
kasseistamper

The notaris who acted for you when you bought your house will be able to advise and I'm sure your gemeente staff will help as an alternative.

Apr 3, 2016 08:36