Buying a Property in Belgium: The Essential Steps

Introduction

Buying a property is one of the most significant projects in a lifetime. In Belgium, this process follows a well-defined legal path, in which the notary plays a central role at every stage. Far from being a mere administrative formality, purchasing real estate involves a series of steps that complement and build upon one another. Here is a comprehensive, step-by-step guide to help you approach your project with complete peace of mind.

Step 1. Setting Your Budget: Don't Bite Off More Than You Can Chew

Before visiting a single property, it is essential to establish a realistic and precise budget. This means accounting not only for the purchase price of the property itself, but also for all associated costs: registration duties (or VAT, depending on the case), notary fees, any renovation works, and recurring charges such as property tax (précompte immobilier).

If you are considering a mortgage loan, this is also the time to contact several banks or brokers to compare offers: fixed or variable rate, repayment term, APR... A preliminary simulation will give you a clear picture of your actual borrowing capacity and help you avoid unpleasant surprises.

Good to know: An online calculator is available to estimate the costs associated with your purchase before you commit to anything. You can find it here: https://www.notaire.be/calculateurs

Step 2. Finding the Property: Private Sale or Auction?

Once your budget is set, the search for your ideal property begins. Two main routes are available to you:

A private sale is the most common: buyer and seller negotiate directly or through a real estate agency and agree on a price.

A public sale, in particular through the Biddit.be platform (an online notarial auction platform: www.biddit.be , properties currently listed by our firm can be viewed at: https://www.clnotaires.be/biens-immobiliers/ ), allows you to bid on properties in a secure framework organised by a notary. This method of purchasing is often overlooked, but can offer excellent opportunities.

Step 3. The Purchase Offer: A Commitment Not to Be Taken Lightly

Found the property you want? Before signing a preliminary sale agreement, you can formalise your interest in two ways:

A purchase offer is a written document in which you propose to buy the property at a stated price. Important: as soon as the seller accepts your offer, it becomes legally binding. The contract is formed, even before any preliminary agreement has been signed.

A purchase option, less common, is an arrangement by which the seller agrees to reserve the property for you for an agreed period, at a fixed price. During that time, the property cannot be offered to anyone else. The seller may request a reservation fee.

In both cases, these documents must be drafted with care. It is generally advisable to get in touch with our firm at this stage. The notary can help you secure this step by advising you on the clauses to include (such as a condition precedent for obtaining financing, time frames, etc.) and by avoiding imprecise wording that could work against you.

Step 4. The Preliminary Sale Agreement: The Cornerstone of Your Purchase

Contrary to popular belief, the preliminary sale agreement (compromis de vente) is not a mere preliminary formality, it is a legally binding document that definitively commits both parties. The notary will draft the authentic deed based on it. The preliminary agreement is generally signed within 2 to 6 weeks of the purchase offer.

The agreement must notably specify:

• the sale price,
• any conditions precedent (obtaining a loan, results of an inspection, etc.),
• the planned date for signing the authentic deed,
• the mandatory certificates and documents (EPC, electrical inspection, urban planning information, etc.).

Before or at the time of signing the preliminary agreement, the notary already carries out an initial series of checks:

• prior title deeds (to verify that the seller is the legitimate owner),
• urban planning status: building permits, any violations, land use designation,
• cadastral situation and cadastral income,
• any easements that might restrict your use of the property (rights of way, etc.),
• any pre-emption rights held by certain public authorities,
• mandatory certificates: EPC (energy performance), electrical installation inspection, certificates specific to the Brussels Region (soil, oil tank, etc.),
• tax implications of the transaction: registration duties or VAT, applicable reduced rates and allowances.

Don't forget: At the signing of the preliminary agreement, a deposit is generally paid (typically 10% of the price). If you withdraw without valid grounds, you risk losing it. If the seller withdraws, they may owe you a penalty of 10% as well.

Step 5. The Notary's Searches Between the Preliminary Agreement and the Deed

In the period between the preliminary agreement and the authentic deed, typically a minimum of 5 to 6 weeks and a maximum of 4 months, the notary carries out an extensive series of additional checks to ensure the legal security of your purchase.

These verifications are essential to avoid unpleasant surprises after the purchase. They are an integral part of our mission.

Step 6. The Authentic Deed: You Officially Become the Owner

Signing the authentic deed at the notary's office is the moment you formally become the owner of the property. At this stage:

• the notary reads the deed to the parties and explains its contents,
• ownership is officially transferred,
• the funds are paid to the seller via the notary's account (providing security for all parties),
• if you have taken out a mortgage loan, the mortgage charge is registered in favour of your bank,
• the notary provides you with a clear and transparent statement of all amounts paid.

Handover of keys and practical matters: You will normally receive the keys on the day of signing. Since deeds are now often signed by videoconference (with each party at their own notary's office), it is strongly advisable to arrange in advance with the seller and/or the real estate agent for the handover of keys, original documents, and meter readings.

Step 7. After the Deed: The Final Formalities

Signing the deed is not quite the end of the process. The notary must still complete several administrative steps in the weeks that follow:

• registration of the deed with the tax authorities (within 15 days),
• transcription of the deed at the competent Legal Security Office: it is from this point that your ownership becomes enforceable against third parties,
• mortgage registration for the lending bank, and cancellation of any previous mortgage if applicable,
• transmission of information to the cadastre,
• delivery of your title deed (acvailable on www.naban.be or www.izimi.be) .

On your side, this is the time to finalise your moving arrangements, transfer your energy and water contracts into your name, and set up mail redirection.

Conclusion

Buying a property in Belgium means navigating a structured legal process, in which every step is designed to protect all parties involved. Throughout this process, the notary is far more than a mere signatory: the notary is your legal adviser, your guarantor of security, and the guardian of the transaction’s legality, from the very first offer right through to the delivery of your title deed.

Do not hesitate to contact our firm from the very beginning of your project. An initial consultation can help you avoid many pitfalls and allow you to approach your purchase with all the peace of mind you deserve.

Would you like to estimate the costs associated with your purchase? Visit the online calculator at the following link: https://www.notaire.be/calculateurs