Droit administratif de l'immobilier

The course covers the general concepts of administrative law (federal and regional) as they relate to real estate transactions, with particular attention to matters relevant to notarial practice.

The main topics covered are: the law of public domain and public roads, urban planning and land-use law, environmental permits, the administrative law rules applicable to real estate transactions carried out by public-law legal entities, expropriation for public purposes, the pre-emption rights regime in favor of public authorities, and the mentions required in notarial deeds arising from administrative law rules.

To give students an in-depth knowledge of administrative real estate law issues, of particular relevance to the notarial profession, as well as mastery of the procedures and client information requirements imposed on notaries by administrative law.

Required and Corequired knowledge and skills

Required or co-required knowledge and skills: Law of obligations and administrative law.

Lecture-based course.

References, bibliography, and recommended reading

Applicable legislation, as well as legal doctrine and case law relating to the topics discussed in the course. The main doctrinal sources used are listed in the course materials, along with case law illustrating the subject matter studied.

Specific case law files are, where applicable, posted on the virtual university platform based on current developments.

Course notes

• Université virtuelle

Contacts

Contact: irene.mathy@ulb.be

Campus

Solbosch

Method(s) of evaluation

• written examination

written examination

• Open book examination

• Open question with developed answer
• Open question with short answer

The examination is written and lasts 3 hours.

Students may bring their non-annotated Codes and the PowerPoint presentations used during the course and published as required course materials, also without annotations.

The assessment criteria are based on the following competencies:

• Identification of the correct legal bases
• Ability to state the principles and definitions of key terms/concepts
• Ability to provide concrete and precise examples
• Analysis and reasoning (structure: introduction, explanation, conclusions)
• Ability to formulate solutions to a specific case or a precise legal question

Mark calculation method (including weighting of intermediary marks)

The examination generally consists of three questions (overall mark out of 20 points):

• A general question, to verify command of the subject matter and understanding of its practical implications for practitioners – 8 points
• A question based on a practical case – 8 points
• A more specific, technical question based on a clause – 4 points :
• for students enrolled in the notarial program (drafting and explanation)
• for students NOT enrolled in the notarial program (commentary on a clause, issue-spotting)

Language(s) of evaluation

• french