The License to Occupy is a crucial document in the Belgian property market, designed for situations requiring flexible, temporary occupation rights without the formal commitments of a lease agreement. It's particularly valuable for businesses seeking short-term space solutions, pop-up ventures, or project-based activities. The document must comply with Belgian civil law and regional property regulations while clearly establishing its nature as a license rather than a lease. This distinction is vital as it affects the legal rights and obligations of both parties, particularly regarding security of tenure and termination rights. The agreement typically includes specific provisions about the property's use, duration, fees, and maintenance responsibilities, while maintaining the licensor's superior right to the property. This type of agreement has gained increasing relevance in Belgium's evolving commercial property market, especially with the rise of flexible working arrangements and temporary business ventures.
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1. Parties: Identification of the Licensor and Licensee, including full legal names, addresses, and registration details if companies
2. Background: Context of the license, purpose of the occupation, and confirmation that this agreement creates a license not a lease
3. Definitions: Key terms used throughout the agreement, including 'Property', 'License Period', 'License Fee', and 'Permitted Use'
4. Grant of License: Specific terms of the license grant, including the exact area/space being licensed and any shared facilities
5. Duration: Term of the license, including start date and end date or termination provisions
6. License Fee: Amount payable, payment schedule, and method of payment
7. Licensee Obligations: Responsibilities of the Licensee including maintenance, permitted use restrictions, and conduct requirements
8. Licensor Obligations: Responsibilities of the Licensor including access provision and basic services
9. Insurance and Liability: Insurance requirements and allocation of risks between parties
10. Termination: Circumstances under which either party may terminate the license, including notice periods
11. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Utilities and Services: Include when the license includes provision of specific utilities or services
2. Security Deposit: Include when a security deposit is required from the Licensee
3. Alterations: Include when the Licensee is permitted to make any changes to the space
4. Environmental Matters: Include when the property use involves environmental considerations or risks
5. Data Protection: Include when personal data processing is involved in the license arrangement
6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
7. Signage: Include when the Licensee is permitted to display any signage
8. Parking: Include when parking rights are part of the license
1. Property Plan: Floor plan or drawing showing the licensed area and any shared facilities
2. Inventory: List of any furniture, equipment or items included in the license
3. House Rules: Building regulations and conduct requirements if in a shared building
4. Service Level Agreement: Details of any services to be provided by the Licensor
5. Condition Report: Documentation of the property condition at the start of the license
6. Insurance Requirements: Detailed insurance specifications required under the license
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