Mandatory documents to provide to the buyer
One of the inevitable constraints when selling your house yourself is the administrative procedures. The number of documents to gather and legal constraints to know is a bit dizzying. Especially since a small error or an oversight can seriously slow you down or even cost you dearly. Did you know, for example, that it is obligatory to include the results of the PEB and certain urban planning information on your ad (even displayed in your window)? Don't panic, if you are ready to dedicate the time it takes, we have listed everything you need to know to complete the 3 key stages of a successful sale!
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PEB: The law requires you to establish the energy performance certificate (PEB) and to publish the result of this study in the announcement of the property for sale, under penalty of a fine (inflicted on the seller in the absence of a real estate agent). Consult the list of approved PEB certifiers
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Heritage protection: is the property included on the preservation list or classified? This information is important and should be known from the start, since historical and sometimes important parts of the building must be respected and preserved. This may result in a loss of enjoyment, as well as an additional constraint in the event of work, maintenance, etc. Consult the list of classified buildings.
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Town planning information: How to obtain town planning information for the property?
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Either you consult your notary,
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Either you go to the municipal administration,
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Either you make a written request to the municipality (form for wallonia/form for Brussels),
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Or you consult a real estate professional: architect, surveyor or real estate agent,...
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More information for Brussels: PDF
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Flood risk zone: How to know if your property is affected? The easiest way is to go to the town planning department of the municipality where the building is located. Check out theflood hazard maps in Walloon territory.
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The right of pre-emption: does a person have a preferential right to acquire the property sold at an equal price?
As you can see, it is the Town Planning department of the municipality where the property is located which will answer most of these questions: contact them without delay.
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The title deed: If you can no longer find it, please note that the notary who handled the deed of sale keeps the original in his office.
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The lease agreement: nothing prevents you from selling your property if it is rented. However, check whether the tenant does not have a preferential right to acquire the property. Discover everything you need to know about selling a rented property.
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Soil certification: When selling a building, the owner-seller must prove that the soil in his building is not polluted. If the land is indicated as being polluted or potentially polluted (“peach” color in the Walloon BDES / category 0, 3 or 4 in Brussels), a soil orientation study must be carried out and, if necessary, measurements of sanitation will be taken. The prospective buyer may, by means of a suspensive condition clause, call the sale into question if the soil certificate is not presented to him at the time of signing the sales agreement. To obtain it, go to:
Wallonia - compliant extract from the BDES (Soil State Data Bank) : The BDES is a website offering all citizens access to the data available to the Administration on the state of soil in Wallonia. An official certificate will be issued to you for €30.
Brussels: it is Brussels Environmentwho is responsible for issuing this certificate. You can request it online via Irisbox.
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The Electrical Installation Certificate (CIE): a report on the state of the electrical installation must be drawn up, to properly inform the enthusiast of what they are purchasing. Will he have to incur additional expenses to make the installation compliant? This mandatory information may have repercussions on price negotiations. Consult the list of approved inspection bodies for electrical installations in Belgium.
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Information from the trustee: If the property sold is an apartment (or a property in a co-ownership), you must provide the buyer with the "statutes" of the building, i.e.: the basic deed, the co-ownership regulations and internal regulations. Also note that the trustee has the obligation to communicate certain information and documents upon simple request from the seller or the notary. In particular: the amount of the working capital and the reserve fund, the amount of any arrears owed by the transferor, the situation of calls for funds (intended for the reserve fund and decided by the general meeting (GA) before the certain date of the transfer of ownership), the statement of current legal proceedings relating to the co-ownership, the minutes of the ordinary and extraordinary AGMs for the last three years, as well as the periodic statements of charges for the last two years and a copy of the latest balance sheet approved by the general meeting of the co-owners association.
