The stages of buying property in Belgium: from the first viewing to the notarial deed

Buying
Écrit par Celia Souralaysak

Buying a home in Brussels is often the biggest financial decision of a lifetime. In Belgium, the process follows a well-defined path: a viewing, an offer, a preliminary sale agreement (compromis de vente), then a notarial deed (acte authentique) signed before a notary. Each stage has its own legal consequences. This guide takes you through them in order, with the points that really matter.

Key point: under Belgian law, agreement on the property and the price is enough to form a sale. An accepted offer or a signed preliminary agreement binds you. The notarial deed simply formalises a sale that has already been concluded.

1. Preparing before the first viewing

Before you start viewing, it helps to clarify three things.

  • Your borrowing capacity. An initial conversation with one or more banks will tell you how much they are prepared to lend and what deposit they expect. In principle, your deposit should cover at least the acquisition costs (registration duties, notary's fees, mortgage costs).
  • The tax budget. In Brussels, registration duties (droits d'enregistrement) amount to 12.5% of the price. An abatement (abattement) is available when you buy your only home: according to the official be.brussels portal, the first €200,000 is exempt, provided the price does not exceed €600,000, subject to conditions (registering your domicile at the property, not owning another home outright, etc.). In 2026, the Brussels government announced its intention to raise this ceiling to €800,000; check with your notary which rules apply on the date of your preliminary agreement.
  • Choosing a notary. You can appoint your own notary, even if the seller already has one. According to notaire.be, this does not increase the costs: the fees are shared between the notaries involved.

2. The viewing: observe, ask questions, gather documents

A viewing is not just about picturing yourself living there. It is the moment to spot anything that could affect the price, the financing or the legal certainty of the purchase. A second viewing, at a different time of day and perhaps with an architect or contractor, is often worthwhile.

Viewing checklist

  • ⊞ Topic | Points to check
  • Structure and building envelope | Cracks, signs of damp, condition of the roof, window frames and façade, cellars.
  • Energy | EPB certificate (certificat PEB) class (compulsory in Brussels to sell a home), heating system, age of the boiler, insulation.
  • Electrics | Whether there is a recent inspection report and its conclusion (compliant or not).
  • Heating oil tank | Whether there is a tank, whether it is buried, and the inspection certificate.
  • Planning | Authorised number of dwellings, legal use (residential, office, retail), any extensions or conservatories built without planning permission.
  • Co-ownership | Amount of service charges, condition of the common parts, works voted or planned, minutes of general meetings.
  • Environment | Category of the plot in the soil condition inventory (Brussels Environment – Bruxelles Environnement), any flood risk zone.
  • Tenancy situation | Current lease, remaining term, rental deposit.

Ask for the available documents at this stage: the EPB certificate, the electrical inspection report, the soil certificate (attestation du sol), planning information (renseignements urbanistiques) and, for a flat, the co-ownership documents. Notaire.be specifically lists, among the points to watch before making an offer, planning compliance, easements, flood zones, existing leases, works planned within the co-ownership, the electrical installation and the heating oil tank.

3. The offer: a real commitment

An offer to purchase is often seen as a mere expression of interest. That is a mistake. According to notaries, an offer accepted by the seller can form the sale and legally bind both parties. An exchange of emails can have the same effect, as long as the essential elements (the property and the price) have been agreed. There is no general cooling-off period in Belgium allowing you to change your mind afterwards.

A well-drafted offer contains at least:

  • the buyer's identity and the precise address of the property;
  • the price offered;
  • a limited period of validity (often from a few days to two weeks);
  • the conditions precedent you require, in particular obtaining a mortgage;
  • the date and signature.

Having a mortgage application turned down does not automatically protect the buyer: without a properly drafted condition precedent, they could still be bound to buy. Notaire.be recommends consulting a notary before signing an offer.

4. The preliminary sale agreement

The preliminary agreement sets out all the terms of the sale: identification of the property, price, date of the deed, conditions precedent, planning status, easements, condition of the property, apportionment of charges and the date on which the keys are handed over. Notaire.be sums it up as follows: “the preliminary sale agreement is the sale”.

The law does not specify who must draw it up. It may be prepared by the estate agent, but notaries recommend at least having it checked by a notary. It is on this basis that the notary will then draw up the notarial deed, without being able to depart from it.

The 10% deposit

On signing, the buyer generally pays a deposit, often 10% of the price (sometimes 5%). This payment is not a legal requirement, but it is customary. Notaries recommend that it be held in the notary's office account until the notarial deed is signed, and never paid directly to the seller. Cash payments are not accepted.

Mandatory information in Brussels

In the Brussels-Capital Region, the preliminary agreement must include specific planning information: the property's legal use, permits and certificates issued, any known breaches, any expropriation plan or heritage protection measure. This information comes from the planning information issued by the municipality (commune). According to Brussels Environment, the seller must also provide the soil certificate before the sale, at the preliminary agreement or offer stage.

5. Conditions precedent

A condition precedent (condition suspensive) makes the sale dependent on a future, uncertain event. If it is not fulfilled within the agreed period, the sale is deemed never to have existed and the deposit is, in principle, returned.

  • Obtaining a mortgage: the most common. It should specify the amount, possibly a maximum interest rate, and a deadline (the notaries' brochure gives the example of four weeks).
  • Planning status: for example, the absence of any breach or confirmation that a given number of dwellings is authorised.
  • Obtaining a permit where the buyer plans works that require authorisation.
  • Sale of another property: rarer, as sellers are reluctant to accept it.

How these clauses are worded is crucial. A vague condition, with no deadline or amount, is a frequent source of disputes. Our article on the preliminary sale agreement covers this point in detail.

6. Between the preliminary agreement and the deed: the four-month period

The interval between the preliminary agreement and the deed is generally three to four months. There are two reasons for this.

A tax constraint

According to the Belgian notaries' brochure, registration duties must be paid within four months of signing the preliminary agreement. Where the agreement contains a condition precedent, this period runs from the date on which the condition is fulfilled. That is why, in practice, the notarial deed is scheduled within this period.

The notary's searches

During this time, the notary checks that the buyer can purchase in complete safety. In particular, the notary consults:

  • the mortgage register search (état hypothécaire), to make sure the property will be free of debts or that these will be cleared from the sale price;
  • any tax and social security debts owed by the seller;
  • pre-emption rights, whose holders have a statutory period of two months;
  • planning information and any listed-building status;
  • the soil certificate, the electrical installation inspection and, where applicable, the heating oil tank inspection;
  • for a flat, the information that the syndic (building manager) must provide on the co-ownership's charges and debts.

Meanwhile, the bank finalises the mortgage application. The mortgage is the subject of a separate notarial deed, generally signed on the same day as the purchase deed.

7. The notarial deed and handover of the keys

The notarial deed is signed at the notary's office. It is what allows the sale to be registered and transcribed, and therefore made enforceable against third parties. The notary reads the deed, makes sure the parties understand its implications, and collects the balance of the price, the registration duties and the costs.

The handover of the keys and the transfer of possession usually take place when the deed is signed. Early handover is not prohibited, but notaries advise against it; if it is being considered, it should be covered by a written agreement. From the date of the deed, the buyer is in principle responsible for the ordinary charges and must insure the property.

Summary of the stages

  • ⊞ Stage | Legal effect | Indicative timing
  • Preparation and viewings | No commitment | Variable
  • Offer to purchase | Binding if accepted | Valid for a few days
  • Preliminary sale agreement | Constitutes the sale; deposit of 5 to 10% | A few weeks to prepare
  • Fulfilment of conditions | Sale becomes final or lapses | Deadline set in the preliminary agreement
  • Notarial deed | Transfer enforceable against third parties | Within 4 months of the preliminary agreement (or of the condition being fulfilled)

This article is for information only and does not constitute personalised legal advice. The rules change and depend on your circumstances: your notary remains your primary point of contact for any decision.

Sources

In conclusion

A successful purchase rests on careful preparation, complete documents from the viewing stage onwards and a carefully drafted preliminary agreement. At Living Home Promotion, we acquire older Brussels buildings, have them fully renovated by our partner Next Homes, then offer the flats for sale. Please do not hesitate to ask us which documents are available for each property. To see the flats currently available, browse our property projects.

Celia Souralaysak
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Les étapes d'un achat immobilier en Belgique : de la première visite à l'acte authentique