SELL TO BRUSSELS: CERTIFICATES AND MANDATORY DOCUMENTS TO BE GIVEN TO THE PURCHASER

When an owner wishes to sell his property in Brussels, several documents and certificates are required. To avoid any hassle, and allow the notary to quickly sign a compromise and, therefore, to complete the sale as soon as possible

When an owner wishes to sell his property in Brussels, several documents and certificates are required. In order to avoid any hassle, and allow the notary to quickly sign a compromise and, therefore, to make the sale as soon as possible, you will find below the list of legal requirements to be respected:

1. Urban planning information
Since the order of April 3, 2014, the seller and his real estate agent will have to make available to the prospective buyers the following urban planning information:

- The urban destination of the property,
- The conditions to which a construction project is subject,
- The existence of an expropriation plan targeting the property,
- The situation of the property within a pre-emption perimeter,
- The existence of a heritage protection measure or a measure in progress,
- The registration of the property as an unexploited activity site,
- The possible existence of an alignment plan in force on the property.

Article 275 of the CoBAT provides that the municipalities are required to deliver town planning information to people who request it (notary, seller, real estate agent, etc.) within 30 days of receipt of the request. However, they are experiencing many delays and, depending on the municipality, information is sent within 1 to 4 months. It is therefore necessary to go about it in time and make the request before the sale does not delay the signing of the sales agreement.

2. PEB, Energy Performance Certificate for Buildings
The energy performance of buildings or "PEB" is an inventory of the energy consumption of a good (level of thermal insulation, performance of the heating installation, ventilation, solar energy, ...). The aim is thus to allow the future buyer to compare the energy performance of goods placed on the market. The PEB certificate must be displayed in all advertising when selling residential property (or office of more than 500 m²) and be given by the seller to the future owner before the compromise is signed.

3. Control of the electrical installation
Since July 1, 2008, the seller must have a test report of the electrical installation in the event of the sale of a home. All homes are covered by this obligation. This certificate must be given by the seller to the buyer at the latest on the day of signing of the deed and will allow the latter to foresee any work to bring his new home back into conformity. The buyer has 18 months to do this.

4. The IUD or subsequent intervention file
The subsequent intervention file contains the useful elements to take into account during any future work, including maintenance, repair, replacement or dismantling of certain installations, etc. Almost all of the work carried out after 2001 must be the subject of a file describing it (plan, materials, etc.). This file must be established either by a safety coordinator (if several professional contractors are working on the site), or by the client (if he performs these works himself or through a single contractor) . It must be kept by the owners, who must hand it over to their future buyer when signing the deed. The notary must also mention it in the deed.

5. Soil certification
The request for a soil certificate from the IBGE is mandatory when disposing of a property located in the Brussels-Capital Region. The seller must inform the buyer of any pollution of the soil on which his property is located. The Brussels-Capital Region thus wants to monitor its environment in all its aspects. This certificate must be given to the purchaser at the latest when the authentic instrument is signed.

The geographic unit for the soil condition inventory is the cadastral parcel. Each plot is classified in a particular category (0, 1, 2, 3 or 4) depending on the condition of the soil on which it is located. If the plot is included in category 0 (potentially polluted), there are additional obligations in the event of the property being sold.

If the property for sale is an apartment that is part of a condominium, additional information must be transmitted to the buyer, namely:

Before signing the sales agreement:
- The amount of working capital and reserve fund;
- The amount of arrears possibly due by the seller;
- The situation of calls for funds intended for the reserve fund and decided by the general assembly before the transfer of ownership;
- The statement of any legal proceedings;
- The minutes of ordinary and extraordinary general meetings of the past three years;
- The last balance sheet approved by the general assembly.

At the latest when signing the authentic instrument:
The following elements decided by the general meeting before the signing of the deed, but the payment of which will be requested after this signing:

- The amount of expenses of

Lecobel Vaneau
Place Brugmann 11, Ixelles 1050
Tel : +32 2 340 72 70
@ : lecobel@lecobel.be