The Deed of Home Ownership is a fundamental legal document in Belgian property law that formalizes the transfer of real estate ownership. It must be prepared by a licensed Belgian notary and requires detailed documentation of the property's characteristics, ownership history, and current status. This deed is mandatory for all property transfers in Belgium and must include specific declarations about urban planning compliance, environmental status, and energy performance. The document serves multiple purposes: it legally transfers ownership, provides evidence of title, and ensures compliance with Belgian federal and regional regulations. The deed must be registered with the mortgage registry office and includes various certificates and declarations required by Belgian law. It's particularly important as it forms the basis for property rights and serves as the definitive proof of ownership in any future legal matters or property transactions.
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1. Identification of Parties: Details of the seller(s) and buyer(s) including full legal names, national numbers, marital status, and current addresses
2. Property Description: Detailed description of the property including cadastral references, exact measurements, and boundaries as per official land registry
3. Origin of Ownership: Previous ownership history and chain of title for at least 30 years
4. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, payment method, and confirmation of funds transfer
5. Transfer of Ownership: Official declaration of transfer of ownership rights and specific date of transfer
6. Charges and Easements: List of any existing mortgages, easements, or other encumbrances on the property
7. Warranties and Representations: Seller's declarations regarding the property's condition and compliance with regulations
8. Property Condition: Description of the current state of the property and any known defects
9. Urban Planning Status: Declarations regarding zoning, permits, and urban planning regulations
10. Environmental Declarations: Statements regarding soil quality, pollution, and environmental compliance
11. Tax Declarations: Statements regarding property taxes and other fiscal obligations
1. Co-ownership Provisions: Required when the property is part of an apartment building or shared complex
2. Mortgage Arrangements: Included when the purchase is financed through a mortgage loan
3. Rental Status: Required when the property is currently rented or has existing tenants
4. Renovation Agreements: Included when specific renovation works are agreed upon as part of the sale
5. Special Conditions: Any unique arrangements or conditions specific to the transaction
6. Right of First Refusal: Required when there are legal pre-emption rights in favor of public authorities
1. Cadastral Plan: Official land registry plan showing the property boundaries and measurements
2. Energy Performance Certificate: Mandatory certificate showing the energy efficiency rating of the property
3. Urban Planning Certificates: Official documents regarding zoning and building permits
4. Soil Certificate: Official certificate regarding soil quality and contamination status
5. Property Photos: Recent photographs documenting the current state of the property
6. Technical Installation Certificates: Certificates for electrical, gas, and other technical installations
7. Building Plans: Architectural plans and measurements of the property
8. Co-ownership Documents: Recent documents regarding co-ownership rules and charges if applicable
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