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Real Estate Contract Template for Belgium

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Key Requirements PROMPT example:

Real Estate Contract

"I need a Real Estate Contract for the purchase of a commercial warehouse in Brussels, scheduled for completion in March 2025, that includes specific provisions for existing tenant rights and environmental compliance requirements for industrial property."

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Document background
The Real Estate Contract serves as the primary legal instrument for property transactions in Belgium, operating within the framework of Belgian federal and regional legislation. It is essential for any transfer of real estate ownership, whether residential, commercial, or industrial properties. The document must comply with strict formal requirements under Belgian law, including mandatory notarial intervention and specific disclosures such as energy performance certificates and soil conditions. This contract type is particularly notable for its incorporation of Belgium's bilingual or trilingual requirements in certain regions and its adherence to both national and regional housing codes. It provides comprehensive coverage of all aspects of the property transfer, from initial agreement through to completion, including price, payment terms, warranties, and specific Belgian legal requirements for property transfers.
Suggested Sections

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

2. Background: Context of the transaction and brief history of the property ownership

3. Definitions: Key terms used throughout the agreement, including specific Belgian legal terminology

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

5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and escrow arrangements

6. Completion Date: Timing and conditions for completion of the sale, including notarial deed requirements

7. Property Transfer: Terms of transfer of ownership and possession, including key handover arrangements

8. Seller's Warranties: Mandatory warranties regarding property ownership, encumbrances, and compliance with Belgian housing regulations

9. Due Diligence: Buyer's investigation rights and seller's disclosure obligations under Belgian law

10. Notarial Requirements: Appointment of notary and requirements for authentic deed preparation

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

12. Governing Law: Confirmation of Belgian law application and jurisdiction

13. Execution: Signature requirements and date of agreement

Optional Sections

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

2. Rental Situation: Include when property is currently tenanted, describing existing leases and tenant rights

3. Renovation Requirements: Include when property requires specific works to comply with housing codes

4. Co-ownership Provisions: Include for apartments or properties with shared facilities

5. Environmental Conditions: Include when property requires specific environmental clearances or remediation

6. Planning Permissions: Include when property involves ongoing or required planning permits

7. Agricultural Preemption Rights: Include when property involves agricultural land subject to preemption rights

8. Language Provisions: Include when parties require specific language arrangements in bilingual regions

Suggested Schedules

1. Property Plans: Cadastral plans and property measurements

2. Energy Performance Certificate: Mandatory EPC certificate and energy efficiency details

3. Soil Certificate: Required soil quality certification from regional authorities

4. Property Photos: Documented condition of property at time of sale

5. Urban Planning Certificates: Certificates regarding zoning and permitted use

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

7. Co-ownership Documents: Rules, recent AGM minutes, and charges for co-owned properties

8. Insurance Certificates: Current building insurance documentation

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property
Completion Date
Authentic Deed
Compromis de Vente/Verkoopcompromis
Purchase Price
Deposit
Notary
Registration Duties
Cadastral References
Energy Performance Certificate
Soil Certificate
Urban Planning Certificate
Co-ownership
Common Parts
Private Parts
Base Deed
Transfer Date
Business Day
Force Majeure
Permitted Use
Material Adverse Change
Easements
Encumbrances
Building Permit
Environmental Permits
Pre-emption Rights
Payment Date
Completion Conditions
Title Deed
Mortgage
Land Registry
Property Charges
Technical Installations
Warranties
Completion Notice
Default Notice
Condition Precedent
Due Diligence Period
Occupancy Status
Syndic/Syndicus
Transfer Taxes
Notarial Fees
Clauses
Identification of Parties
Property Description
Price and Payment
Transfer of Title
Warranties and Representations
Due Diligence
Notarial Requirements
Completion Conditions
Property Condition
Environmental Compliance
Urban Planning Compliance
Energy Performance
Insurance
Risk Transfer
Default and Remedies
Force Majeure
Property Charges
Registration Requirements
Pre-emption Rights
Co-ownership Provisions
Easements and Restrictions
Technical Installations
Soil Quality
Occupancy Status
Tax Provisions
Costs Allocation
Dispute Resolution
Governing Law
Language Requirements
Entire Agreement
Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Property Management

Insurance

Urban Planning

Environmental Services

Residential Housing

Commercial Property

Agricultural Real Estate

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Business Development

Risk Management

Operations

Finance

Environmental

Technical Services

Client Relations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Compliance Officer

Property Developer

Investment Manager

Real Estate Investment Advisor

Bank Manager

Mortgage Advisor

Property Surveyor

Environmental Consultant

Urban Planning Officer

Real Estate Portfolio Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): The fundamental law governing contracts and property rights in Belgium, particularly Book III on property rights and contractual obligations
Belgian Housing Code (Code du Logement/Huisvestingscode): Regional regulations setting minimum housing standards, safety requirements, and habitability criteria for residential properties
Registration Rights Code (Code des droits d'enregistrement): Legislation governing the registration of real estate transactions and associated taxes and fees
Energy Performance of Buildings Decree: Regulations requiring energy performance certificates (EPC) for property sales and specific energy efficiency disclosures
Soil Decree (Décret Sol/Bodemdecreet): Regional environmental legislation requiring soil certificates for certain real estate transactions
Anti-Discrimination Law: Federal legislation preventing discrimination in real estate transactions based on protected characteristics
Real Estate Agent Law (LOI sur les agents immobiliers): Regulations governing real estate agents' roles and responsibilities if an agent is involved in the transaction
Money Laundering Prevention Act: Legal requirements for verifying the origin of funds in real estate 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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