Purchasing property is a major investment, but if not handled properly, it can involve unexpected legal complications. In Belgium, both residents and foreign investors are active in the real estate market, making it essential to understand the country’s legal framework before making a purchase. Below are common pitfalls and how to avoid them.
Verify Ownership and Title
One of the most important steps is confirming that the seller has legal ownership and the right to sell. Request an extract from the Belgian Land Registry (cadastre/kadaster) and verify the title deed (acte de propriété). This document outlines the legal owner, any mortgages or liens, and the legal description of the property. Failure to confirm this may result in costly disputes or inherited debts.
Check Planning and Zoning Compliance
Buyers often overlook urban planning regulations and permits (permis d’urbanisme/stedenbouwkundige vergunning). Ensure any renovations, extensions, or conversions have the necessary authorisations. Purchasing a property with unauthorised works can lead to fines, penalties, or forced demolition. Always consult a notary (notaire/notaris) or legal expert to verify compliance.
Review the Sale Agreement Carefully
The compromis de vente (sales agreement) is legally binding once signed. It must clearly state the agreed price, conditions, and timeline. If not properly reviewed, the buyer risks losing their deposit or becoming locked into an unfavourable agreement. Legal oversight is essential before signing any documents.
Engage a Belgian Notary or Legal Adviser
In Belgium, a notary is legally required to formalise the transaction. However, it is wise to also retain an independent legal adviser, especially if you’re a foreign buyer. A legal expert will help you understand taxes like registration duties (droits d’enregistrement/registratierechten) and ensure the property is free of encumbrances.
Foreign Buyers Take Note
International buyers should work with a lawyer who understands both Belgian law and cross-border transactions. Lamb Global Legal Firm specialises in international real estate matters and can ensure your purchase meets all legal requirements.
Conclusion
Buying property in Belgium can be a secure and rewarding investment with proper legal guidance. Avoid costly mistakes by verifying ownership, ensuring planning compliance, reviewing contracts, and working with qualified legal professionals like Lamb Global Legal Firm.