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Deed Of Sale Of Property Template for Belgium

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Deed Of Sale Of Property

"I need a Deed of Sale of Property for a residential apartment in Brussels, including co-ownership provisions and an existing tenant, with completion planned for March 2025."

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What is a Deed Of Sale Of Property?

The Deed of Sale of Property is a crucial document in Belgian real estate transactions, representing the final and binding transfer of property ownership. This formal notarial deed is required by Belgian law and must be executed before a notary public, following the preliminary agreement (compromis de vente/voorlopige verkoopovereenkomst). The document incorporates extensive legal requirements from both federal and regional legislation, including property descriptions, ownership history, urban planning compliance, environmental certificates, and specific declarations required by Belgian property law. It serves as the official record of the transaction and must be registered with the appropriate authorities. The deed includes mandatory information about the property's technical, legal, and administrative status, making it essential for property transactions in Belgium's three regions (Brussels-Capital, Flanders, and Wallonia).

What sections should be included in a Deed Of Sale Of Property?

1. Parties: Identification of the seller(s) and buyer(s) including full legal names, national numbers, marital status, and complete addresses

2. Background: Context of the sale including any relevant history of the property and previous ownership

3. Definitions: Definition of key terms used throughout the deed

4. Property Description: Detailed description of the property including cadastral details, boundaries, surface area, and composition

5. Origin of Property: History of ownership for at least 30 years as required by Belgian law

6. Sale Price and Payment Terms: Agreed purchase price, payment method, and timing of payments

7. Transfer of Ownership: Specifics about when and how ownership transfers to the buyer

8. Representations and Warranties: Seller's declarations regarding the property's condition, encumbrances, and compliance with regulations

9. Urban Planning Status: Declarations regarding zoning, permits, and urban planning requirements

10. Environmental Provisions: Statements regarding soil quality, pollution certificates, and environmental compliance

11. Insurance and Risk: Provisions regarding property insurance and transfer of risk

12. Costs and Taxes: Allocation of notary fees, registration duties, and other transaction costs

13. Closing Provisions: Final declarations, election of domicile, and certification by notary

What sections are optional to include in a Deed Of Sale Of Property?

1. Co-Ownership Provisions: Required when the property is part of a larger building with co-ownership structure

2. Easements Section: Needed when specific easements or rights of way affect the property

3. Mortgage Provisions: Required when there are existing mortgages or new mortgage arrangements

4. Rental Status: Needed when the property is currently rented or has recent rental history

5. Special Conditions: For any unique requirements or conditions specific to the transaction

6. Construction Provisions: Required for new builds or properties under construction

7. Commercial Terms: Needed when the property includes commercial elements or business assets

8. Agricultural Provisions: Required when the property includes agricultural land or farming rights

What schedules should be included in a Deed Of Sale Of Property?

1. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating

2. Cadastral Plans: Official property plans and measurements

3. Soil Certificate: Official soil quality and pollution certification

4. Urban Planning Certificates: Documents confirming zoning and planning status

5. Building Permits: Copies of relevant building permits and regularizations

6. Co-Ownership Documents: Basic deed and co-ownership regulations if applicable

7. Technical Installations Report: Certificates for electrical, gas, and water installations

8. Property Photographs: Recent photographs documenting the property's condition

9. Pre-Contract Agreement: Copy of the preliminary sale agreement (compromis de vente)

10. Property Tax Records: Recent property tax assessments and payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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