The House Buying Contract (compromis de vente/verkoopcompromis) is a crucial document in Belgian property transactions, serving as the initial binding agreement between seller and buyer. This document is used when parties have agreed on the essential terms of a property sale and marks the first formal step in the property transfer process under Belgian law. It includes detailed property descriptions, price agreements, conditions of sale, and various mandatory certificates required by Belgian federal and regional legislation. The contract must be drafted carefully as it becomes binding upon signature, subject only to specified conditions such as mortgage approval. It forms the basis for the final notarial deed and must comply with strict Belgian legal requirements, including energy performance regulations, soil quality certifications, and urban planning provisions. The document is typically prepared with involvement from real estate professionals and requires subsequent notarial authentication.
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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 context of the sale and property transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, and boundaries
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Structure: Breakdown of payments, including deposit, balance, and payment timelines
7. Completion Date: Target date for final deed signing and property transfer
8. Property Transfer: Terms and conditions for the transfer of ownership
9. Seller's Warranties: Warranties regarding property ownership, absence of disputes, and disclosed issues
10. Property Condition: Current state of the property and any known defects
11. Notary Selection: Designation of notaries for both parties
12. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
13. Risk Transfer: Point at which risk transfers from seller to buyer
14. Default Provisions: Consequences of breach by either party
15. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Contingency: Conditions related to buyer's mortgage approval - include when buyer requires financing
2. Urban Planning Conditions: Specific urban planning requirements or restrictions - include when property is subject to special planning regulations
3. Rental Situation: Details of existing tenants and lease agreements - include when property is currently rented
4. Co-ownership Provisions: Rules and obligations related to apartment buildings or shared properties - include for apartments or co-owned properties
5. Renovation Agreements: Specific works to be completed before transfer - include when property requires agreed renovations
6. Environmental Clauses: Special provisions for environmental issues - include when property has specific environmental concerns
7. Furniture Inclusion: List of furniture included in sale - include when sale includes furniture or fittings
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC showing energy efficiency rating
3. Soil Certificate: Official soil quality certification from regional authorities
4. Urban Planning Certificates: Certificates regarding zoning and planning permissions
5. Property Title: Copy of seller's property title and history
6. Technical Installations Report: Certificates for electrical, gas, and water installations
7. Co-ownership Documents: Recent co-ownership meeting minutes and financial statements if applicable
8. Inventory of Included Items: Detailed list of furniture or fittings included in sale if applicable
9. Photographic Schedule: Current photographs documenting property condition
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