The Homeowners Deed (acte de vente/verkoopakte) is a fundamental legal document in Belgian property law, required for all residential property transfers in Belgium. This document serves as the official instrument for transferring property ownership and must be prepared and executed by a qualified Belgian notary. It is used when selling or purchasing residential property and contains comprehensive information about the property, including its legal description, ownership history, encumbrances, and various mandatory declarations required by Belgian law. The deed must comply with federal civil law requirements as well as regional regulations specific to Brussels, Flanders, or Wallonia. It incorporates multiple certificates and compliance documents, including energy performance, soil quality, and urban planning certificates. The Homeowners Deed becomes legally binding only after notarial execution and registration with the Belgian Land Registry.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details as required by Belgian law
2. Background: History of ownership and context of the sale
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed description of the property including cadastral details, boundaries, and surface area
5. Origin of Property: Previous ownership history for at least 30 years as required by Belgian law
6. Purchase Price: Statement of the agreed purchase price and payment terms
7. Transfer of Ownership: Legal provisions regarding the transfer of property rights
8. Possession and Enjoyment: Terms regarding when and how the buyer takes possession
9. Charges and Conditions: Existing easements, rights of way, and other encumbrances
10. Seller's Declarations: Mandatory declarations regarding property status, disputes, and encumbrances
11. Urban Planning Status: Confirmations regarding zoning and building permits
12. Environmental Provisions: Declarations regarding soil quality and environmental compliance
13. Insurance: Provisions regarding property insurance during transfer
14. Costs and Taxes: Allocation of notary fees, registration duties, and other costs
15. Closing Provisions: Final legal declarations and signing requirements
1. Mortgage Provisions: Required when the purchase involves mortgage financing
2. Co-ownership Provisions: Required for apartments or properties with shared areas
3. Rental Status: Required if the property is currently rented
4. Construction Provisions: Required for new builds or properties under construction
5. Special Conditions: Required when there are unique circumstances affecting the property
6. Right of First Refusal: Required in regions where social housing companies have pre-emptive rights
7. Agricultural Provisions: Required when the property includes agricultural land
1. Cadastral Plan: Official property plans and measurements
2. Energy Performance Certificate: Mandatory energy efficiency assessment
3. Soil Certificate: Official soil quality certification
4. Urban Planning Certificates: Zoning and building permit documentation
5. Co-ownership Documents: Bylaws and recent general assembly minutes if applicable
6. Technical Installation Certificates: Electrical, gas, and other safety certificates
7. Property Photos: Visual documentation of the property condition
8. Previous Title Deeds: Copies of relevant historical ownership documents
9. Property Survey Report: Recent survey and boundary documentation
10. Insurance Certificates: Proof of current insurance coverage
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