Mandatory documents for real estate transactions
Nowadays, a lot of certificates and administration are available when selling a property. If your file does not meet all administrative obligations, this may stop the sale or even cause the sale to be annulled in case of discussion. The mandatory documents should provide prospective buyers with more certainty about the condition in which the sold property is located. You can count on us that we will fulfill all these formalities so you do not have to worry about this.
Extract cadastral shelf
What is an extract cadastral shelf?
The cadastral shelf is a register that mentions every owner, his parcels, the area as well as the cadastral income of these parcels per municipality or per cadastral department of the municipality or city. A number of details are private, some are public. More info
Extract cadastral plan
What is an extract cadastral plan?
The extract is a document that contains the name of the owners of a property located within a radius of 50m of your property, as well as a list of neighboring lots. More info
Soil certificate
What is a Soil Certificate?
A soil certificate is issued by the Public Waste Agency of Flanders (OVAM). The document indicates whether OVAM has relevant data on soil quality. This is the case if a ground is included in the land information register (GIR). A soil is included in the GIR if the OVAM receives relevant data concerning a soil investigation or obtains information about the presence of activities with a risk of soil contamination, a report of a claim, etc. More info
Extract Planning and Permits Register
What is the Extract Planning and Permits Register?
The license register is a computerized database on parcel-bound information regarding spatial planning and urban design on the territory of the city or municipality. The Flemish Spatial Planning Code underlines its importance by stating that every municipality or city must have a permit register. More info
Extract Flemish Pre-emption rights
What is the right of pre-emption (RVV)?
The right of pre-emption is a legal right that allows the holder of that right to purchase land and buildings that are sold as priority over the prospective buyer, for the same price and under the same conditions.
The Flemish government and the local authorities (provinces, municipalities, intermunicipal authorities, ...) have a 'right of pre-emption' in certain areas. If a government exercises that right, it acquires the real estate offered instead of the prospective buyer. She then buys at the price and conditions of the prospective buyer. More info
Water test
What is the Water Test?
The water test is an instrument used by the government, which decides on a permit, assesses a plan or program that has an impact on the water system. The result of the water test is included as a water section in the permit or in the approval of the plan or program. More info
EPC
What is the EPC?
The energy performance certificate (EPC) is a document in Belgium indicating the estimated energy consumption of a home or apartment. It is mandatory for the rental or sale of a home or apartment.
The certificate is drawn up by a recognized energy expert. The intention is that the prospective buyer or lessee gets an idea of the energy consumption and can decide whether or not to rent or buy the home or the apartment. The EPC is expressed on the basis of a prefix. For the calculation of this key figure, many parameters will be taken into account such as the protected volume, the usable floor area, the space heating, hot water production, cooling, the presence of solar panels and renewable energy. Finally, measures are also proposed to optimize things (such as insulation). More info
Electrical inspection
What is an electrical inspection?
Every electrical installation must be inspected by an accredited inspection body and according to the AREI standards at each commissioning, modification, upgrading or extension of the installation. Afterwards, the obligation exists to have a new inspection carried out every 25 years. More info
Notarial deed
What is a title or notarial deed?
The title or deed provides evidence that someone is the owner of a property. This could be, for example, a notarial deed of purchase or a donation deed. You may also have become owner by inheritance, which in turn should be apparent from the declaration of the inheritance or the notarial deed of liquidation and division of the inheritance. More info
Post intervention file
What is the PID or Post Intervention File?
The post-intervention file (PID) of a building is the file containing all elements that may be useful for the safety and health of the people who will later carry out work on the building (eg maintenance and repairs, renovations, demolition work). The file is comparable with the safety instructions of a manual, with the necessary plans and drawings of the structure of the house and the existing technical installations (central heating, sanitation, electricity, ...). In addition, the file also contains the names and contact details of the architect, safety coordinator and main contractors involved, who have erected or renovated the building. More info
Inspection certificate for fuel tank
If you use a fuel oil tank for the heating of your home, then there are a number of important obligations for the maintenance of that tank and you must also demonstrate these obligations when selling your home. More info
Put a fuel oil tank out of operation
When should you put a fuel oil tank out of operation?
When a fuel oil tank is no longer in use, you as an owner and seller have the obligation to have them put out of use. The rules depend on the size and location of the tank that can be located above ground or underground.
An 'underground' tank means a tank that has been buried in the ground. A tank in a basement is therefore considered 'above ground'. More info
Basic deed
What is a basic deed?
The basic deed contains the description of the property with the common privative parts. A basic deed must be drawn up in a notarial deed. This deed mainly governs the property rights of the co-owners, the "business" aspect.
Each private unit (ie each co-owner) has a certain share in the common parts. The share is expressed in thousandths (or ten thousandths) and is determined on the basis of the value of each lot.
A reasoned report from a notary, a land surveyor, an architect or a broker must also be included in the basic deed. This takes into account the location, the destination and the net floor area of the private sections. More info
Rules of co-ownership
What is the regulation of co-ownership?
The regulations of co-ownership contain the rules that relate to the obligations of the co-owners. It is, as it were, the "organizational" part of the statutes. The regulations of co-ownership must also be drawn up notarial. More info
The rules of procedure
What is the rules of procedure?
Rules of procedure mainly describe the rules of life, housing or order rules on the use of private and common parts.
The rules of procedure are not part of the articles of association. It is not mandatory, but in practice it is often worked with such regulations. The document can be drawn up both privately and notarially. More info
General meeting reports
The law also provided a number of additional obligations for the purchase and sale of apartments. These obligations are primarily intended by the legislator to provide better protection for a potential buyer. The buyer must be in possession of the reports of the last three general meetings. More info
Extract cadastral shelf
What is an extract cadastral shelf?
The cadastral shelf is a register that mentions every owner, his parcels, the area as well as the cadastral income of these parcels per municipality or per cadastral department of the municipality or city. A number of details are private, some are public. More info
Extract cadastral plan
What is an extract cadastral plan?
The extract is a document that contains the name of the owners of a property located within a radius of 50m of your property, as well as a list of neighboring lots. More info
Soil certificate
What is a Soil Certificate?
A soil certificate is issued by the Public Waste Agency of Flanders (OVAM). The document indicates whether OVAM has relevant data on soil quality. This is the case if a ground is included in the land information register (GIR). A soil is included in the GIR if the OVAM receives relevant data concerning a soil investigation or obtains information about the presence of activities with a risk of soil contamination, a report of a claim, etc. More info
Extract Planning and Permits Register
What is the Extract Planning and Permits Register?
The license register is a computerized database on parcel-bound information regarding spatial planning and urban design on the territory of the city or municipality. The Flemish Spatial Planning Code underlines its importance by stating that every municipality or city must have a permit register. More info
Extract Flemish Pre-emption rights
What is the right of pre-emption (RVV)?
The right of pre-emption is a legal right that allows the holder of that right to purchase land and buildings that are sold as priority over the prospective buyer, for the same price and under the same conditions.
The Flemish government and the local authorities (provinces, municipalities, intermunicipal authorities, ...) have a 'right of pre-emption' in certain areas. If a government exercises that right, it acquires the real estate offered instead of the prospective buyer. She then buys at the price and conditions of the prospective buyer. More info
Water test
What is the Water Test?
The water test is an instrument used by the government, which decides on a permit, assesses a plan or program that has an impact on the water system. The result of the water test is included as a water section in the permit or in the approval of the plan or program. More info
EPC
What is the EPC?
The energy performance certificate (EPC) is a document in Belgium indicating the estimated energy consumption of a home or apartment. It is mandatory for the rental or sale of a home or apartment.
The certificate is drawn up by a recognized energy expert. The intention is that the prospective buyer or lessee gets an idea of the energy consumption and can decide whether or not to rent or buy the home or the apartment. The EPC is expressed on the basis of a prefix. For the calculation of this key figure, many parameters will be taken into account such as the protected volume, the usable floor area, the space heating, hot water production, cooling, the presence of solar panels and renewable energy. Finally, measures are also proposed to optimize things (such as insulation). More info
Electrical inspection
What is an electrical inspection?
Every electrical installation must be inspected by an accredited inspection body and according to the AREI standards at each commissioning, modification, upgrading or extension of the installation. Afterwards, the obligation exists to have a new inspection carried out every 25 years. More info
Notarial deed
What is a title or notarial deed?
The title or deed provides evidence that someone is the owner of a property. This could be, for example, a notarial deed of purchase or a donation deed. You may also have become owner by inheritance, which in turn should be apparent from the declaration of the inheritance or the notarial deed of liquidation and division of the inheritance. More info
Post intervention file
What is the PID or Post Intervention File?
The post-intervention file (PID) of a building is the file containing all elements that may be useful for the safety and health of the people who will later carry out work on the building (eg maintenance and repairs, renovations, demolition work). The file is comparable with the safety instructions of a manual, with the necessary plans and drawings of the structure of the house and the existing technical installations (central heating, sanitation, electricity, ...). In addition, the file also contains the names and contact details of the architect, safety coordinator and main contractors involved, who have erected or renovated the building. More info
Inspection certificate for fuel tank
If you use a fuel oil tank for the heating of your home, then there are a number of important obligations for the maintenance of that tank and you must also demonstrate these obligations when selling your home. More info
Put a fuel oil tank out of operation
When should you put a fuel oil tank out of operation?
When a fuel oil tank is no longer in use, you as an owner and seller have the obligation to have them put out of use. The rules depend on the size and location of the tank that can be located above ground or underground.
An 'underground' tank means a tank that has been buried in the ground. A tank in a basement is therefore considered 'above ground'. More info
Basic deed
What is a basic deed?
The basic deed contains the description of the property with the common privative parts. A basic deed must be drawn up in a notarial deed. This deed mainly governs the property rights of the co-owners, the "business" aspect.
Each private unit (ie each co-owner) has a certain share in the common parts. The share is expressed in thousandths (or ten thousandths) and is determined on the basis of the value of each lot.
A reasoned report from a notary, a land surveyor, an architect or a broker must also be included in the basic deed. This takes into account the location, the destination and the net floor area of the private sections. More info
Rules of co-ownership
What is the regulation of co-ownership?
The regulations of co-ownership contain the rules that relate to the obligations of the co-owners. It is, as it were, the "organizational" part of the statutes. The regulations of co-ownership must also be drawn up notarial. More info
The rules of procedure
What is the rules of procedure?
Rules of procedure mainly describe the rules of life, housing or order rules on the use of private and common parts.
The rules of procedure are not part of the articles of association. It is not mandatory, but in practice it is often worked with such regulations. The document can be drawn up both privately and notarially. More info
General meeting reports
The law also provided a number of additional obligations for the purchase and sale of apartments. These obligations are primarily intended by the legislator to provide better protection for a potential buyer. The buyer must be in possession of the reports of the last three general meetings. More info