The Absolute Sale Deed is a fundamental legal document in Belgian property law, used to formalize and execute the final transfer of real estate ownership. This document is essential when completing any property sale transaction in Belgium, whether residential, commercial, or industrial. The deed must be drafted and executed in accordance with the Belgian Civil Code and related property legislation, requiring notarial intervention for validity. An Absolute Sale Deed contains comprehensive details about the property, including its cadastral information, ownership history, and any encumbrances, while also incorporating mandatory declarations about urban planning compliance, soil quality, and energy performance. It serves as the definitive evidence of property transfer and must be registered with the land registry (hypotheekkantoor/bureau des hypoth猫ques) to ensure legal enforceability.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers
2. Background: Brief history of the property ownership and context of the sale
3. Definitions: Definition of key terms used throughout the deed
4. Property Description: Detailed description of the property including cadastral details, boundaries, and size
5. Title Deed History: Previous ownership details and reference to prior deed registrations
6. Sale Price and Payment Terms: Agreed purchase price, payment method, and timing
7. Transfer of Ownership: Declaration of immediate and absolute transfer of ownership rights
8. Seller's Declarations: Mandatory declarations regarding property status, mortgages, disputes, etc.
9. Buyer's Acknowledgments: Confirmation of property inspection and acceptance of condition
10. Taxes and Costs: Allocation of registration duties, notary fees, and other transaction costs
11. Possession and Risk: Transfer of possession and associated risks
12. Registration and Formalities: Requirements for deed registration and other legal formalities
1. Environmental Declarations: Required when property is in an area subject to environmental regulations or has potential contamination issues
2. Urban Planning Compliance: Needed when property is subject to specific zoning or planning restrictions
3. Easements and Servitudes: Include when property is subject to or benefits from any easements
4. Tenant Status: Required when property is currently leased or has recent rental history
5. Co-ownership Provisions: Necessary for apartments or properties with shared facilities
6. Special Conditions: Any unique terms or conditions specific to this sale
7. Energy Performance Certificate: Required for residential properties
1. Property Plans: Official cadastral plans and property measurements
2. Title Documents: Copies of relevant previous title deeds and registrations
3. Cadastral Extract: Recent extract from land registry
4. Urban Planning Certificates: Relevant urban planning permits and certificates
5. Environmental Certificates: Soil certificates and environmental clearances
6. Energy Performance Certificate: Official energy rating documentation
7. Property Photographs: Current dated photographs of the property
8. Payment Confirmation: Proof of purchase price payment and transfer
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