The Building Purchase Agreement is a crucial document used in Belgian real estate transactions for transferring building ownership. It serves as the primary contract between parties, incorporating mandatory requirements under Belgian federal and regional laws. This document is essential when purchasing any type of building in Belgium, whether commercial, residential, or industrial. It must address specific Belgian legal requirements including notarial involvement, registration duties, energy performance certificates, and soil certificates. The agreement needs to consider regional variations in property law across Belgium's three regions (Flanders, Wallonia, and Brussels-Capital) and must comply with local urban planning regulations. It typically precedes the notarial deed and sets out all essential terms of the transaction, including price, payment terms, conditions precedent, and warranties.
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1. Parties: Identification of the seller and purchaser with full legal names, addresses, and registration details for legal entities
2. Background: Context of the sale, including brief property history and purpose of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and registered area
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Completion: Details of the completion process, including notary requirements and timing
7. Seller's Warranties: Warranties regarding property ownership, encumbrances, and compliance with regulations
8. Property Condition: Current condition of the property and any known defects
9. Statutory Compliance: Compliance with Belgian property laws, including energy performance and soil certificates
10. Risk and Insurance: Transfer of risk and insurance obligations
11. Registration and Taxes: Responsibility for registration duties, taxes, and notary fees
12. Notices: Process for sending formal notices between parties
13. Governing Law: Confirmation of Belgian law governance and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Tenant Rights: Required if the property is currently leased, detailing existing tenancy arrangements and transfer of obligations
2. Mortgage Arrangements: Include when the purchase involves mortgage financing, detailing coordination with lender requirements
3. Co-ownership Provisions: Required for apartments or shared buildings, detailing common areas and management obligations
4. Environmental Provisions: Additional environmental terms required for industrial properties or known contamination
5. Planning Permissions: Required when the property has pending planning applications or recent modifications
6. Renovation Requirements: Include when specific renovation or repair works are agreed as part of the sale
7. Language Provisions: Required in bilingual regions where the agreement needs to address language requirements
1. Property Plan: Cadastral plans and property boundaries
2. Title Documents: Copies of relevant title documents and land registry extracts
3. Energy Performance Certificate: Current EPC as required by Belgian law
4. Soil Certificate: OVAM soil certificate or regional equivalent
5. Existing Tenancy Agreements: Copies of any current lease agreements
6. Property Inventory: Detailed inventory of included fixtures and fittings
7. Building Permits: Copies of relevant building permits and certificates
8. Urban Planning Certificates: Current urban planning certificates and zoning information
9. Technical Reports: Any technical or structural surveys conducted
10. Co-ownership Documents: Relevant co-ownership rules and recent general assembly minutes if applicable
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