Parties give initial sale agreement to notary
Agency: Notary
The transfer of ownership can be done by an agreement between seller and buyer. However, to validate the transfer of ownership vis-à-vis third parties, the initial agreement (“compromis de vente” or “verkoopsovereenkomst”) needs to be notarized and registered with the mortgage register by a notary. The notary will draw up a deed and obtain all necessary documentation (see following Procedures). The notary also checks, for companies, the copy of the publication of the names of the directors in the Belgian Official Gazette. The documentation shall include:
- Initial sale agreement
- Proper proof of identification, or, in the case of a company, the memorandum of association/articles of incorporation/by-laws
Time and cost: 1 day, Included in Procedure 8
Notary obtains excerpt from the mortgage register to verify whether certain third party rights were granted over the property and copies of the transfer deeds over a 30-year period
Agency: Administration of legal security (Patrimonial Documentation)
The notary obtains an excerpt from the Administration of Legal Security to verify whether certain third party rights were granted over the property, e.g. through mortgages, rights to construct (“opstalrecht / droit de superficie”). A 30-year title search will be included in the documents. The notary might request a full transcription, an inscription extract or a notification extract (“kantmelding / mention marginale”) of transfer deeds over 30 years affecting the property object to the transaction.
The Administratopm of Legal Security provides:
- “full transcription” of the title or of the judgment attributing the title: the date of acquisition of the full ownership or other right over the property (such as usufruct -right to use the property-, superficies-right to construct), the terms and conditions of the acquisition including the purchase price, the existence of lease contracts exceeding 9 years and information on the rights of third parties such as judgments, servitudes/easements and seizures affecting the property in question for the past 30 years and
- By “inscription” whether the right over the property is encumbered by a mortgage or a legal lien (beneficiary, amount, costs, term).
Time and cost: 23 days, EUR 85 (excerpt, included in Procedure 8) + EUR 50 (copies of deeds, included in Procedure 8)
Obtain a clean-soil certificate from Brussels Environment
Agency: Brussels Environment (Bruxelles-Envrionnement/Leefmilieu)
Brussels legislation on soil clean-up (ordonnance du 5 mars 2009 relative à la gestion et à l’assainissement des sols pollués et l’arrêté du 16 fevrier 2017 du gouvernement de la région de Bruxelles-Capitale relatif à l’attestation du sol) state that a soil certificate is now required for every transfer of land. The time limit is 20 days from receipt of the (valid) request to obtain a soil certificate. The seller of an immovable good has to ask the Brussels Environment for a soil certificate (attestation du sol/bodemattest) which he has to transmit to the buyer before the conclusion of the private sale agreement (compromis de vente). For some lands, an expert must examine the land to check whether the soil is polluted (“reconnaissance du sol /verkennend bodemonderzoek”). Based on the results of this survey, Brussels Environment decides whether the transfer can take place without any further measurements or whether the condition of the soil requires additional measures to be taken (e.g. clean-up). If other measures have to be taken, the transfer can nevertheless take place before the clean-up if some conditions are fulfilled. This new Act is a transposition of European legislation (Article 17§2 of the Ordinance of 5 March 2009).
Time and cost: 20 days, EUR 36
Notary obtains tax certificates relating to the seller’s tax position from tax administration (Inland Revenue)
Agency: Inland Revenue
The notary obtains tax certificates relating to the seller’s tax position from the Inland Revenue, the VAT authorities and the municipal tax collector pertaining to the seller’s tax position. A request for this information can be submitted online, but the response will arrive 15 days later. If there is no answer within 12 working days, the notary can process the deed anyway, therefore assuming there are no tax issues. The only tax information which still needs to be asked by registered letter is the municipal or provincial tax information. Since April 2007, notaries have to verify at the same time the seller’s social security position. The notary has to check with every social security fund (there are +/- 15 of them). However, this process is done electronically, simultaneously with the verification of the tax position. The Procedure is integrated into the existing Procedure related to the tax position of the seller. The time needed for this verification is 15 days as well. It takes place fully electronically, just as getting the tax certificates.
Time and cost: 15 days, EUR 24.8 (included in Procedure 8)
Notary obtains zoning certificates from the municipality
Agency: Municipality
The notary obtains zoning certificate. In the Brussels-Capital Region, every request needs to be sent by registered letter to the municipality in question. The request is done by using a specific document as determined in the Decision of the Brussels-Capital Region of 29 March 2018 concerning the town planning information (Annex I). The municipality is required to answer within 30 days if its standard request (EUR80) and 5 days if it’s an expedited process (EUR160).
Time and cost: 5 days, EUR 160 for an expedited certificate (included in Procedure 8)
Notary obtains excerpt and plan from land register (“kadaster / cadastre”) indicating the exact land register references
Agency: Land register (“kadaster / cadastre”)
Notary obtains excerpt and plan from the land register (“kadaster / cadastre”) indicating the specific land register references, and (i) the specified address/location of the property or, if the address/location is not available, (ii) the identity and address of the (assumed) owner. The transfer deed must contain the latest cadastral information about the property to be transferred. Notaries can now verify the most updated cadastral information on that property online and print the information to complete the transaction. Since November 2018, Notaries can request the official cadastral documents (“extrait cadastral”) online.
Time and cost: Less than one day (online), EUR 20 (EUR 3.15 per online request + EUR 5.5 excerpt of the cadastral matrix (212 AM) + EUR 11 excerpt of the cadastral plan) Included in Procedure 8
The notary draws up the deed based on the agreement between the parties
Agency: Notary
Based on the agreement between the parties, the notary will draw up a deed after obtaining the required documents.
Usually, the seller and buying company enter into a private agreement (“onderhandse overeenkomst / le compromis”) in which the main contractual provisions (price, subject matter, obligations of both parties, etc) are listed. Subject to fulfillment of certain conditions precedent, if any, such agreement will transfer title to the buyer. Vis-à-vis third parties, the title will pass upon registration of the deed with the Administration of legal security (“hypotheekkantoor / registre des hypothèques” ) referred to in the following procedure. Common conditions precedent are: waiver of pre-emption rights over the property and obtaining of consents from local authorities. Transfer of title between parties can be made subject to the registration of the deed with the mortgage registry.
Before execution of the deed, the notary will generally have obtained the following documents:
- Excerpt from the mortgage register to verify whether certain third party rights were granted over the property and copies of the transfer deeds over a 30-year period (Procedure 2)
- Tax certificates from the Inland Revenue, the VAT authorities and the municipal tax collector relating to the seller’s tax position (the same certificates will be requested about the buyer company if it finances the acquisition through a mortgage-backed facility agreement) (obtained in Procedure 4)
- Zoning certificates (obtained in Procedure 5)
- Excerpt and plan from the land register (“kadaster / cadastre”) indicating the exact land register references (obtained in Procedure 6)
- Obtaining waivers of pre-emption rights and consents from local authorities, if any
Additionally, a clean-soil certificate from Brussels Environment must be obtained by the parties before registration.
The notary’s fees are determined by law (Arrete Royal), and the payment of the registration duties and notary fees takes place after the signature of the deed.
The notary must register the deed at the latest four (4) months after the effective date of the initial (private) sale agreement. Since only notarial deeds can be registered, this results de facto in the obligation to draw up the deed within this period. In case of late registration, a fine can be imposed.
Time and cost: 2 days, Included in Procedure 8
The notary applies for registration with the local Registration Office (Tax Office) and also with the Administration of legal security
Agency: Administration of legal security (Patrimonial Documentation)
The notary is required to present the original deed itself to his local Registration Office (Tax office) within 15 days after the date of execution for payment of the stamp duties. The notary is also required to present an authentic copy of the deed to the Administration of legal security for transcription within 15 days from the date of the deed (this guarantees publicity vis-à-vis third parties). The mortgage register will verify all documentation and complete the transfer in its records and send a certified copy of the deed.
Time and cost: 23 days, EUR 253,845.09 (12.5% of transaction price (registration fee) + EUR 220 for the transcription of an extract of the deed at the Administration of legal security + notary fees + all due diligence
Notary fees are calculated according to the following declining and successive scale:
- EUR 7,500 at 4,56%
- EUR 10,000 at 2,85%
- EUR 12,500 at 2,28%
- EUR 15,495 at 1,71%
- EUR 18,600 at 1,14%
- EUR 186,000 at 0,57%
- Excess of all amounts above charged at 0,057%
