What matters can I take to the court of peace?

The justice of the peace is an accessible judge who is close to the public. The court of peace deals with civil cases of a ‘private nature’. Examples include disputes concerning tenancy, neighbours, co-ownership or certain monetary claims. The justice of the peace also has significant powers when it comes to protecting vulnerable adults.

The court of peace

There are various courts of peace spread across the country. Which the court of peace hears your case depends on the legal rules governing territorial jurisdiction. These rules determine which the court of peace has jurisdiction based on the location to which the dispute relates. You cannot, therefore, simply choose which court of peace to bring your case before.

The justice of the peace sits alone and is assisted by a court clerk during the hearing. The court of peace deals only with civil cases and therefore not with criminal cases.

The justice of the peace generally has jurisdiction over claims where the amount does not exceed 5,000 euros, unless the law assigns jurisdiction to another court. In addition, the justice of the peace has special jurisdiction over certain matters, regardless of the amount of the claim. Furthermore, the justice of the peace has exclusive jurisdiction over certain matters.

Rental disputes

The court of peace deals with disputes concerning the letting of property, such as residential tenancies, commercial tenancies and leaseholds. These may relate, for example, to: rent arrears, the security deposit, termination of the tenancy agreement, damage to the property, repairs and maintenance, etc.

Neighbourhood nuisance and certain property disputes

Disputes between neighbours may arise due to nuisance or disagreements over the use or exercise of property rights.

The justice of the peace deals, amongst other things, with neighbour disputes and certain disputes concerning ownership and the use of immovable property. These may, for example, concern noise, smoke or odour nuisance; disputes over trees and hedges, fences or party walls; and certain disputes concerning easements, such as a right of way.

Co-ownership (block of flats)

In the case of flats, the court of peace regularly deals with disputes concerning co-ownership.

These may, for example, concern: disputes with or about the property manager, the allocation of communal costs, the use or maintenance of communal areas, decisions by the association of co-owners (VME), …

Monetary claims

The justice of the peace also deals with certain disputes concerning money, such as an unpaid invoice or a loan between private individuals.

Whether the justice of the peace has jurisdiction depends, amongst other things, on the amount of the claim and the nature of the dispute. For certain types of claims, the justice of the peace has jurisdiction regardless of the amount.

Persons under guardianship

The justice of the peace may order measures of judicial protection for an adult who is no longer able to manage certain financial or personal affairs for themselves.

For example, the justice of the peace may appointa guardian. Depending on the justice of the peace’s decision, the guardian may manage certain assets and/or certain personal interests of the person under guardianship.

The guardian must act in the best interests of the person under guardianship and be accountable to the justice of the peace for their actions.

Would you like to find out more about administration? Then be sure to take a look at our page on this subject.

Other matters

The justice of the peace’s powers extend beyond these examples. For instance, the justice of the peace handles, amongst other things, certain disputes concerning consumer credit and utility services.

Should we try to make amends first?

Legal proceedings are not always necessary. Before you initiate ordinary proceedings, you can ask the justice of the peace to organise aconciliation attempt. This can be done quite simply, for example by sending a standard letter to the relevant justice of the peace. Conciliation proceedings are free of charge.

During the conciliation, the justice of the peace, acting as a neutral third party, tries to help the parties reach an agreement together. The justice of the peace cannot impose an agreement. If both parties reach an agreement, that agreement is recorded. This can help to avoid further legal proceedings.

A conciliation request may also be made whilst proceedings are already underway. In some cases, an attempt at conciliation is mandatory before proceedings can be initiated.

Do you need a solicitor at the court of peace?

You are not always obliged to instruct a solicitor when appearing before the court of peace. However, it is often advisable to instruct a solicitor. A solicitor can advise you , prepare your case and defend your interests during the proceedings.

Would you like to be represented by a solicitor, but cannot afford one?

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Find a solicitor with the right specialism

Usingthe ‘Find a solicitor’ feature on advocaat.be, you can search by topic, which will help you find a solicitor who specialises precisely in what you’re looking for.

Lawyers specialising in disputes between neighbours

Lawyers specialising in tenancy disputes

Lawyers specialising in property disputes

Lawyers specialising in co-ownership and joint ownership

Lawyers specialising in rent arrears

Solicitors specialising in interim administration

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Free lawyer

Access to law and justice are human rights. Everyone is therefore entitled to these. If your income is (too) low, this right is jeopardised. Therefore, in such a case, you can appeal to a lawyer (partially or totally) free of charge. This is called a pro bono lawyer. As with any lawyer, your lawyer will provide legal advice, assistance and representation. The latter is also paid by the government, so you should not worry about money to pay a lawyer.