The prospective buyer has the right to reserve a site under the terms and conditions defined below.
The prospective buyer who wishes to reserve a parcel expresses his or her interest in writing (postal or electronic mail) by specifying the location and approximate area. SPI shall acknowledge receipt of the request without delay. This reply marks the departure point of a two-month, free of charge reservation period.
During this period, the prospective buyer shall complete the "parcel acquisition request: business park" form provided by SPI.
The form must be duly completed, dated and signed by an individual with authority to bind the company pursuant to the statutes in the case of legal entities, or by the prospective buyer in the case of natural persons. The information contained therein will be restated in full in the bill of sale. It is accompanied by these general terms and conditions, signed for agreement.
The petition to acquire is deemed to be "formal" upon receipt of the duly completed form by SPI. Except in exceptional cases, the SPI Executive Board shall take its decision within a period of one month from receipt of the formal request. It is agreed that the free of charge reservation period is extended until the decision of the Executive Board is communicated, even in the event of an overrun of said one-month period.
In the event of a positive conclusion, an agreement in principle is granted. This, nonetheless, is not equivalent to a provisional sales agreement.
The agreement remains valid for a maximum period of six months as from the issuance of the Executive Board’s decision, after which it becomes null and void.
The prospective buyer commits to pay, within a one-month period as from the notification of the decision taken by SPI, a reservation fee amounting to 10% of the value of the site. In the absence of receipt of this reservation fee within the set period, the site is automatically made available again, without compensation on the part of SPI. If the prospective buyer remains interested, he or she is obliged to re-launch the procedure from the beginning.
Upon receipt of payment of the reservation fee, SPI places an order for the measurement plan and the placement of boundary markers with an independent surveyor either of its choosing or selected by the prospective buyer, whereby contact is made with SPI’s services.
If the bill of sale is approved in accordance with item 1.1.3., the amount of the reservation fee is charged to the sale price.If the bill of sale is not approved within a six-month period as from the sending of the Executive Board’s approval, for any reason whatsoever except for instances of absolute necessity rendering the transfer of the bill of sale completely impossible or through the fault of SPI, the reservation fee is null and void and the 10% paid is definitively forfeited to SPI.
Notwithstanding the general system, the sale is only made final by the signature of the notarised deed.
Ownership, use and risks linked to the property are therefore transferred upon signature of the bill of sale.
The price of the sites is set by the Executive Board of SPI without appeal. As a rule, it is revised each year on 1 January.The purchase price is the one that is in force at the time of the reservation request. If the rate is modified during the interval between this reservation request and the transfer of the bill of sale, the initial price is maintained provided that the prospective buyer has observed the steps of the acquisition, in particular with regard to the payable reservation fee.
SPI initiates the formalities with regard to the signature of the bill of sale upon receipt of the payable reservation fee. The act of signing takes place within three months as from the sending of the proposed bill of sale.
The following fees are added to the purchase price:
The bill of sale is approved by the Building Acquisition Committee (Federal Ministry of Finance), with no transfer fees.
Only certain activities are authorised in the economic activity zones. The prospective buyer is invited to verify that his or her activity complies with the sector plan requirements by contacting the planning officer for the Walloon Public Service's Operations Directorate General (DGO4) (tel. 04/224.54.11 for French-speaking municipalities or 087/59.85.30 for German-speaking municipalities).
SPI hereby expressly disclaims any and all liability for permit refusal by the competent authority.
Barring particular city planning requirements or impositions, the setback zone for the constructions is 10 meters in relation to the boundary at the front of the property (bordered by a public roadway) and 6 meters in relation to the boundaries of the adjoining properties.
The setback zones shall be green spaces and shall under no circumstances be used for storage purposes. The setback zones may be used in order to develop car park spaces or access roads. They may also be subject to easements for the benefit of public service providers and/or the public service concession companies. Exterior storage areas must not be visible from the roadway or adjoining parcels. To ensure the project’s aesthetics and to avoid or diminish any potential nuisance, specific site development conditions may be imposed by SPI; these take precedence over these general sales terms and conditions and are determined case-by-case on the basis of a specific study ordered by SPI.
It is the purchaser's responsibility to directly contact the various utilities companies. The list appears on www.spi.be web site.
Parcels on the edge of roadways are subject to the legal setback rules.
It is advisable to contact the appropriate municipal, regional or provincial authorities.
Establishment in certain parks is subject to the approval of a Selection Committee composed of SPI and other bodies.
The site is sold as is where is. If SPI has specific information regarding this subject, it shall communicate them to the applicant prior to payment of the payable reservation fee. At all times, the applicant may, on the condition of providing prior notice to SPI’s services, perform surveys or take soil samples in order to verify its quality or condition. SPI strongly advises the applicant to do so.
The courts of the judicial district of LIEGE shall have jurisdiction in any dispute pertaining to this agreement.