The decision to purchase a property in Belgium is an important one. Our Belgian lawyers assist local and foreign buyers who are interested in real estate transactions in the country.
| Quick Facts | |
|---|---|
| Overview on Belgian real estate market |
Offers diverse opportunities for both residents and foreigners, with a stable and competitive market influenced. |
|
Where to search to buy property in Belgium |
– online ads, – real estate agencies, – real estate websites, – newspapers, – auctions, etc. |
|
Document filling procedure |
– sign purchase commitment, – prepare sale agreement, – notarize deed of the transfer of ownership of the property, – register with Land Register. |
| Language of contracts |
Dutch or French |
| Deposit |
Approximately 10% of sale price; Our Belgian lawyers can give you more details about the deposit procedure. |
| Restrictions for foreigners (YES/NO) |
NO |
| Due diligence |
Not mandatory, but our attorneys in Belgium recommend conducting it. |
| Renovation and construction |
You must obtain a building permit. |
| Property tax |
Varies by region |
| Deductions from property tax |
– for modest houses, – for individuals with disabilities, – for classified properties. |
| VAT |
21% (for properties less than 2 years old) |
| Popular locations |
– Brussels Region, – Flanders, – Wallonia, etc. |
| Property types in Belgium |
– residential, – commercial |
| Benefits of buying property in Belgium |
– stability, – high-living conditions, – beautiful scenery, – rental opportunities, – diverse property types, etc. |
| Assistance |
Our law firm in Belgium can help you buy a property in the country and assist in every step. We can also recommend our accountants in Belgium for property tax rates and other financial matters. |
| Local bank account |
Our lawyers recommend opening a local bank account to facilitate property transactions. |
|
Registration of ownership |
With the Land Registry Office |
|
Land Registry excerpt – characteristics |
Outlines technical and legal information about the property. |
| General documents needed for buying property |
– ID documents, – certificate of property ownership, – Land Registry excerpt, – deed of sale, – evidence of payments, etc. |
| Bank loans and mortgages |
Foreigners need a valid residence permit to apply for loans and mortgages. |
| Unpaid utility bills associated with property |
The buyer is not liable for the seller’s unpaid bills. |
| Steps to buy a property in Belgium |
– make a formal offer in writing, – negotiate offer with seller, – sign purchase contracts, – pay deposit, – register with the Land Registry Office, etc. |
| Mandatory home insurance (YES/NO) |
NO, but some mortgage companies might require it. |
| Property restrictions |
None, you can buy any type of property in Belgium (including agricultural land, in coastal zones, near military sites, in mountain regions, etc.) |
| Assistance schemes and loans |
Different regions offer assistance schemes to help homebuyers. Our attorneys can detail more about them. |
| Legal framework |
The Belgian Civil Code |
| Residence or citizenship by investment (YES/NO) |
NO, our Belgian lawyers can offer alternative pathways in obtaining residence/citizenship. |
| Physical presence required (YES/NO) |
NO, our team can handle the procedure through a power of attorney. |
| Documentation verification |
Our team can examine all legal documents related to the property purchase. |
| Other services offered by our team |
– company formation, – accounting, – trademark registration, – divorce procedures, – debt collection, etc. |
Table of Contents
Can I buy a property in Belgium as a foreign national?
Yes. Foreign nationals (whether EU citizens or not) have the same rights to buy property as Belgian citizens.
Buying property does not, however, grant residence rights. EU citizens staying in the country for more than three months must register with the municipality, and non-EU nationals are required to stay in the country under a proper visa.
What is the general process when buying a house in Belgium?
The following steps are worth taking into account if you are ready to purchase a property in Belgium:
- Determine a budget: most individuals who purchase a home will need to take out a loan, or have their mortgage approved; you will need to decide if you can finance part of the costs from savings, and then decide how much you need to borrow;
- Know your financing options: once you know how much financing you need, you will be able to make a mortgage application (see below for more details about this step);
- Decide on the region in which your new home will be located: the region you choose will depend on many issues, however, you can explore your options in the Brussels Region, Flanders, or Wallonia;
- Perform thorough research of the available properties: proper research is essential, and most people who look to buy a home or an apartment will schedule several viewings before they decide on a property that suits their needs.
What are the essential steps when buying property in Belgium?
There are three phases of the document-filing procedure when purchasing a property in Belgium. We present these in the list below:
- The buyer must sign a purchase commitment, therefore he will officially be tied to the sale. However, the seller can back out of the deal without penalty.
- Concluding the sale agreement where the details of the contract are listed. This is the stage when usually a deposit is required.
- The notarized deed, it transfers the ownership of the property and it must be signed no later than four months after the sale agreement has been made.
- This step includes the registration of the transfer deed in the Land Registry. One of our lawyers in Belgium can help you during this stage.
What is the buyer’s due diligence?
It is the buyer’s obligation to make all verifications before signing the sales agreement. For this purpose, you may:
- Visit the property several times, including accompanied by an expert, to check it against the initial description;
- Check that the condition of the property is satisfactory from an urban planning perspective (checks can be made with the town planning department);
- Request any additional documents such as the cadastral extract, the energy performance certificate, the soil certificate, the electrical installation testing certificate, and information on co-ownership, if this should be the case.
Our team invites you to watch a video about the property purchase process:
What taxes do I have to pay when I buy a house in Belgium?
In addition to the purchase price, you should consider the following:
- the registration duty;
- VAT instead of registration duty, when the property is bought through a building promoter.
The registration duty is a regional tax, and differences can be in place between the three regions in the country.
When you buy a house in Belgium in the Brussels-Capital Region or the Walloon Region, you can expect to pay 12,5 of the sale value. In Flanders, the standard registration rate is 12%.
This tax is calculated according to the sale value of the property that is being purchased and it cannot be lower than its sale value (also referred to as the market value of the property).
Other taxes include:
- the registration fees for the annexes;
- the duty on written documents;
- third-party costs (to the bank, surveyor);
- notary office costs (set by the office according to the statutory fee);
- mortgage loan fees (if applicable).
How long does it take to purchase a property in Belgium?
Buyers can expect an estimated period of 4 months between the time they find a suitable property and receiving the keys.
For more information on how to purchase a property in Belgium, contact our Belgian law firm.