Apartment Sales Contract Template for Belgium

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Key Requirements PROMPT example:

Apartment Sales Contract

"I need an Apartment Sales Contract for a property in Brussels' EU Quarter, where the buyer requires mortgage financing and the completion must occur by March 2025; the contract should include specific provisions for the existing tenant's rights."

Document background
The Apartment Sales Contract (Contrat de Vente d'Appartement/Verkoopovereenkomst Appartement) is a legally binding document used in Belgium for the transfer of apartment ownership. It must comply with federal Belgian law, including the Civil Code, as well as regional regulations specific to Brussels, Flanders, or Wallonia. This document is essential when selling or purchasing an apartment in Belgium, as it includes mandatory provisions for co-ownership, energy performance, technical installations, and urban planning compliance. The contract serves as the foundation for the subsequent notarial deed and must include all elements required by Belgian property law, including precise property details, price, payment terms, and various certificates required for apartment sales in Belgium.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and national registration numbers as required by Belgian law

2. Background: Context of the sale and brief description of the transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the apartment including cadastral details, floor, size, and composition as per land registry

5. Co-ownership Details: Description of common areas, allocation of shares in co-ownership, and applicable building regulations

6. Purchase Price: Total purchase price, payment terms, deposit requirements, and financing conditions

7. Transfer of Ownership: Conditions and timing for the transfer of legal ownership

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

9. Energy and Environmental Compliance: Energy performance certificate details and environmental compliance statements

10. Pre-completion Obligations: Obligations of both parties before completion, including document preparation and administrative requirements

11. Completion: Process and requirements for completion of the sale, including notarial deed requirements

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

13. Risk and Insurance: Transfer of risk and insurance requirements

14. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts

Optional Sections

1. Mortgage Conditions: Include when buyer requires mortgage financing, specifying conditions and deadlines

2. Rental Situation: Include when the property is currently rented, detailing tenant rights and notice requirements

3. Renovation or Works: Include when specific works are agreed to be completed before or after the sale

4. Soil Remediation: Include when property is in an area requiring soil certificates or remediation

5. Planning Permissions: Include when there are pending planning applications or requirements

6. Language Requirements: Include when parties require specific language provisions in bilingual regions

7. Pre-emption Rights: Include when there are statutory pre-emption rights applicable to the property

Suggested Schedules

1. Property Plans: Cadastral plans and apartment floor plans

2. Energy Performance Certificate: Official PEB/EPB certificate showing energy rating

3. Co-ownership Rules: Current building regulations and co-ownership statutes

4. Technical Installation Reports: Certificates for electrical, gas, and other technical installations

5. Property Photos: Dated photographs documenting current condition

6. Urban Planning Certificates: Relevant urban planning and zoning certificates

7. Soil Certificates: Environmental and soil quality certificates where required

8. Building Insurance: Details of current building insurance and claims history

9. Recent Co-ownership Charges: Statement of recent common charges and planned works

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Financial Services

Legal Services

Property Management

Insurance

Environmental Services

Urban Planning

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Management

Risk Management

Finance

Operations

Customer Relations

Technical Services

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Manager

Sales Director

Legal Counsel

Mortgage Advisor

Property Developer

Compliance Officer

Real Estate Investment Manager

Building Inspector

Property Surveyor

Contract Administrator

Real Estate Transaction Coordinator

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Primary legislation governing property rights, contracts, and transfer of ownership in Belgium. Articles 1582-1701 specifically deal with sales contracts.
Housing Code (Code du Logement/Huisvestingscode): Regional legislation setting minimum housing standards, safety requirements, and habitability criteria for residential properties.
Energy Performance of Buildings Directive (PEB/EPB Certificate): Mandatory energy performance certification required for all property sales in Belgium, indicating the energy efficiency of the apartment.
Apartment Co-ownership Law (LOI sur la copropriété/Wet op mede-eigendom): Specific legislation governing apartment buildings, common areas, and co-ownership arrangements in multi-unit buildings.
Real Estate Agent Law (IPI/BIV regulations): Regulations governing real estate transactions when conducted through professional agents, including mandatory provisions in sales agreements.
Soil Decree (Décret Sol/Bodemdecreet): Environmental legislation requiring soil certificates for property transactions in certain regions of Belgium.
Urban Planning Codes (Codes d'urbanisme/Stedenbouwkundige verordeningen): Regional regulations governing property use, modifications, and ensuring compliance with local urban planning requirements.
Registration Duties Code (Code des droits d'enregistrement/Wetboek der registratierechten): Legislation governing property transfer taxes and registration requirements for real estate transactions.
Consumer Protection Law (Code de droit économique/Wetboek van economisch recht): General consumer protection provisions applicable to property sales, including requirements for fair contract terms and information disclosure.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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