House Purchase Agreement Form Template for Belgium

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Key Requirements PROMPT example:

House Purchase Agreement Form

"I need a House Purchase Agreement Form for a newly-built apartment in Brussels with completion scheduled for March 2025, including specific provisions for staged payments during construction and warranties from the developer."

Document background
The House Purchase Agreement Form is a fundamental legal document used in Belgian real estate transactions to formalize the sale and purchase of residential properties. This document is essential when transferring property ownership in Belgium and must comply with specific requirements under Belgian civil law and regional regulations. The agreement includes mandatory elements such as party identification, property details, purchase price, completion mechanics, and various certificates required by Belgian legislation. It serves as the primary contract between seller and buyer, requiring notarial authentication as per Belgian law. The document typically precedes the final notarial deed and includes provisions for all necessary due diligence, certificates, and declarations required under Belgian property law.
Suggested Sections

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, marital status, and current addresses

2. Background: Context of the sale, including brief property history and current ownership status

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Description: Detailed description of the property including cadastral details, precise address, and size as per land registry

5. Purchase Price: The agreed purchase price, payment terms, deposit requirements, and payment schedule

6. Completion Mechanics: Process and requirements for completion, including notary appointment and timing requirements

7. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, building compliance, and other legal guarantees

8. Property Condition: Current state of the property, known defects, and as-is provisions

9. Pre-Completion Obligations: Obligations of both parties before completion, including maintenance requirements and access arrangements

10. Transfer of Risk: Provisions regarding when risk transfers from seller to buyer

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

12. Default Provisions: Consequences of default by either party and available remedies

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

Optional Sections

1. Mortgage Arrangements: Include when buyer requires mortgage financing, detailing conditions and timelines

2. Tenant Provisions: Include when property is currently tenanted, addressing tenant rights and notice requirements

3. Construction Warranties: Include for newer properties still under builder's warranty or when recent major works have been completed

4. Environmental Provisions: Include when property is in an environmentally sensitive area or has known environmental issues

5. Planning Permissions: Include when property has ongoing planning applications or recent modifications requiring regularization

6. Furniture and Fittings: Include when sale includes specific furniture or fittings beyond standard fixtures

Suggested Schedules

1. Property Plan: Cadastral plan and property boundaries

2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating

3. Soil Certificate: Mandatory soil pollution status certificate from regional authorities

4. Urban Planning Certificate: Certificate showing zoning and planning status

5. Property Photographs: Dated photographs documenting current condition

6. Inventory of Included Items: Detailed list of fixtures, fittings, and other items included in sale

7. Building Permits: Copies of relevant building permits and certificates

8. Technical Installations Certificates: Certificates for electrical, gas, and water installations

9. Insurance Certificates: Current building insurance documentation

10. Property Tax Statements: Recent property tax assessments and payments

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

Legal Services

Financial Services

Construction

Property Development

Insurance

Environmental Services

Urban Planning

Property Management

Banking

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Acquisitions

Due Diligence

Contract Administration

Investment

Transaction Support

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Manager

Mortgage Advisor

Legal Counsel

Compliance Officer

Property Developer

Real Estate Investment Manager

Contract Manager

Real Estate Transaction Coordinator

Property Surveyor

Risk Manager

Due Diligence Specialist

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): The fundamental law governing property rights, contracts, and obligations in Belgium, particularly Articles 1582-1701 concerning sales contracts and property transfer
Breyne Act (LOI Breyne/Wet Breyne): Specific legislation protecting buyers of residential properties under construction or renovation, including mandatory provisions for construction contracts
Regional Housing Codes: Specific housing regulations that vary by region (Brussels-Capital, Flanders, Wallonia) covering housing quality standards and requirements
Registration Duties Code: Legislation governing property transfer taxes and registration requirements for real estate transactions
Energy Performance of Buildings Decree: Regulations requiring energy performance certificates (EPC) for property sales and minimum energy efficiency standards
Mortgage Law of 16 December 1851: Legislation governing property mortgages and related securities in Belgium
Urban Planning Codes: Regional regulations concerning zoning, building permits, and urban development restrictions that may affect property use and value
Soil Decree: Regional environmental legislation concerning soil pollution and necessary soil certificates for property transactions
Anti-Money Laundering Law: Legislation requiring verification of funds' origin and buyer identification in real estate transactions
Property Agent Law: Regulations governing real estate agents' roles and responsibilities in property transactions
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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