The Pre Lease Agreement is a crucial document in Belgian real estate transactions, used when parties wish to establish binding commitments before entering into a final lease agreement. This document is particularly relevant in situations involving new developments, properties under construction, or when significant modifications to the property are required before lease commencement. It provides security to both parties while allowing time for necessary preparations, permits, or modifications. The agreement must comply with Belgian civil law, regional housing regulations, and specific commercial or residential lease legislation depending on the property's intended use. It typically includes detailed provisions about the property, conditions precedent, timeline for final lease execution, and parties' obligations during the pre-lease period. This type of agreement is commonly used in both commercial and residential contexts, though its complexity may vary significantly based on the transaction's nature.
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1. Parties: Identification and details of the prospective landlord and tenant, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the pre-lease agreement, including brief description of the property and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property subject to the future lease, including address and cadastral details
5. Term and Timeline: Duration of the pre-lease agreement and timeline for entering into the final lease agreement
6. Conditions Precedent: Conditions that must be fulfilled before the final lease agreement can be executed
7. Financial Terms: Any deposits, preliminary payments, or cost allocations during the pre-lease period
8. Main Lease Terms: Overview of the principal terms to be included in the final lease agreement
9. Obligations During Pre-lease Period: Rights and obligations of both parties during the pre-lease period
10. Termination Rights: Circumstances under which either party may terminate the pre-lease agreement
11. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Works and Improvements: Details of any works to be carried out before the final lease commences - include when construction or renovation is planned
2. Due Diligence: Provisions for tenant's property inspection and verification rights - include for commercial properties or significant lease commitments
3. Break Options: Conditions under which parties can break the pre-lease agreement - include for longer pre-lease periods
4. Environmental Provisions: Environmental requirements and certifications - include for industrial or commercial properties
5. Planning and Permits: Requirements for obtaining necessary permits and authorizations - include when property requires conversion or specific permits
6. Exclusivity: Provisions preventing landlord from negotiating with other potential tenants - include when requested by tenant
7. Force Majeure: Provisions for unforeseen circumstances affecting the agreement - include for longer pre-lease periods or complex developments
1. Property Plans: Detailed plans and drawings of the property
2. Draft Lease Agreement: Draft of the final lease agreement to be entered into
3. Timeline Schedule: Detailed timeline of key dates and milestones
4. Technical Specifications: Technical details of the property or planned works
5. Required Permits: List of permits and authorizations needed
6. Financial Schedule: Breakdown of all financial obligations and payment schedules
7. Property Compliance Documents: Certificates and compliance documents including energy performance certificate
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Retail
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Hospitality
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Relevant Teams
Legal
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Facilities Management
Operations
Risk and Compliance
Property Management
Asset Management
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Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Commercial Director
Facilities Manager
Asset Manager
Leasing Manager
Operations Director
Contract Manager
Real Estate Agent
Business Development Manager
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Corporate Real Estate Manager
Tenant Representative
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