Standard Mortgage Contract Template for Belgium

The Standard Mortgage Contract is a fundamental document in Belgian real estate financing, used when a borrower seeks to finance the purchase, construction, or renovation of real property through a financial institution. This contract type must strictly comply with Belgian mortgage legislation, including the Mortgage Law of 1851 and consumer protection provisions in the Code of Economic Law. The document serves multiple purposes: it establishes the loan terms, creates a security interest over the property, defines the parties' rights and obligations, and ensures regulatory compliance. A Standard Mortgage Contract must be executed before a Belgian notary and registered with the Land Registry to be legally effective. It typically includes detailed property descriptions, loan terms, repayment schedules, and various mandatory clauses required by Belgian law. The document is particularly important in Belgium's civil law system, where mortgage enforcement rights must be explicitly documented and properly registered.

1. Parties: Identification of the lender (mortgage provider) and borrower(s), including full legal names, addresses, and registration numbers for legal entities

2. Background: Context of the mortgage agreement, including reference to the loan application and property purchase

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology

4. Property Details: Complete description of the mortgaged property, including cadastral references and property rights

5. Loan Terms: Principal amount, interest rate, term of the loan, and repayment schedule

6. Security Creation: Legal establishment of the mortgage as security, including ranking and maximum secured amount

7. Borrower's Representations: Declarations regarding property ownership, absence of prior charges, and capacity to enter into the agreement

8. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and payment obligations

9. Property Insurance Requirements: Mandatory insurance coverage and requirements for the mortgaged property

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement Rights: Lender's rights and remedies in case of default, including power of sale

12. Costs and Taxes: Allocation of costs, fees, and taxes related to the mortgage

13. Data Protection: GDPR-compliant provisions regarding personal data processing

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