Consumer market study on the functioning of the real estate services for consumers in the European Union : country fiche : Belgium.
Date: 2019-10-04
Institutions: Consumers, Health, Agriculture and Food Executive Agency
Subjects: Belgium, acquisition of property, consumer policy, notary, property market, real estate business, real estate market

Consumer market study on 
the functioning of the real 
estate services for consumers 
in the European Union 

Country fiche – BELGIUM 

Ipsos-London Economics-Deloitte consortium  
June 2018 

Justice and 
Justice and 
Consumers 
Consumers 

 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Produced  by  Consumers,  Health,  Agriculture  and  Food  Executive  Agency  (Chafea)  on 
behalf of the European Commission Directorate-General for Justice and Consumers 

E-mail: Francesco.Gaetano@ec.europa.eu; Maria.Lissowska@ec.europa.eu;  
Marilena.DI-STASI@ec.europa.eu 
European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Consumer market study on 
the functioning of the real 
estate services for consumers 
in the European Union 

Country fiche – BELGIUM 

Directorate-General for Justice and Consumers 

EU Consumer Programme (2014-2020) 

2018 

                        EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Europe Direct is a service to help you find answers  
to your questions about the European Union. 

Freephone number (*):  

00 800 6 7 8 9 10 11 

(*) 

The information given is free, as are most calls (though some operators, phone 

boxes or hotels may charge you). 

“This  report  was  produced  under  the  EU  Consumer  Programme  (2014-2020)  in  the 
frame of a specific contract with the Consumers, Health, Agriculture and Food Executive 
Agency  (Chafea)  acting  on  behalf  of  the  European  Commission.  The  content  of  this 
report represents the views of the Ipsos-London Economics-Deloitte consortium and is 
its sole responsibility; it can in no way be taken to reflect the  views of the European 
Commission  and/or  Chafea  or  any  other  body  of  the  European  Union.  The  European 
Commission and/or Chafea do not guarantee the accuracy of the data included in this 
report, nor do they accept responsibility for any use made by third parties thereof.” 

More information on the European Union is available on the Internet (http://europa.eu). 

Luxembourg: Publications Office of the European Union, 2018 

PDF 

ISBN 978-92-9200-895-6 

doi: 10.2818/704230  EB-03-18-011-EN-N 

© European Union, 2018 

Reproduction is authorised provided the source is acknowledge

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for 
consumers in the EU – Country Fiche Belgium 

TABLE OF CONTENT  

1.  Regulatory background ........................................................................................ 7 

1.1 Level of regulation in the country ............................................................................. 7 

1.2 National legislation................................................................................................. 7 

1.3 Implementation of relevant EU legislation ................................................................. 9 

1.4 Communications and strategy papers ...................................................................... 14 

2.  General market information ............................................................................... 15 

2.1 Key market data ................................................................................................... 15 

2.2 Service providers .................................................................................................. 18 

3.  Roles of professionals and services in the real estate market ............................ 19 

4.  Land registration ................................................................................................ 25 

5.  The process to buy or sell a property .................................................................. 27 

5.1 Main steps in the transaction process to buy or sell a property ................................... 27 

5.2 Sale contract and transfer of ownership ................................................................... 30 

5.3 ... Professional services performed in the real estate market related to buying and selling a 
property .................................................................................................................... 33 

5.4 Creating a Mortgage .............................................................................................. 35 

6.  The process to rent or let a property .................................................................. 37 

6.1 Main steps in the transaction process to rent and let a property.................................. 37 

6.2 Rent contract ....................................................................................................... 40 

6.3 Professional services performed in the real estate market related to renting and letting a 
property ................................................................................................................... 42 

7.  Professional services regulation: notaries .......................................................... 43 

7.1 Market entry and structure regulation ..................................................................... 43 

7.2 Market conduct regulation...................................................................................... 44 

8.  Professional services regulation: lawyers or other licensed conveyancers          45 

8.1 Market entry and structure regulation ..................................................................... 45 

8.2 Market conduct regulation...................................................................................... 46 

9.  Professional services regulation: estate agents .................................................. 48 

9.1 Market entry and structure regulation ..................................................................... 48 

9.2 Market conduct regulation...................................................................................... 49 

10.  The real estate market ....................................................................................... 51 

10.1 Transaction costs for sample transactions .............................................................. 51 

10.2 Transaction features ............................................................................................ 53 

10.3 Taxes during the process of buying and selling a property ........................................ 54 

10.4 Taxes during the process of renting and letting a property ....................................... 56 

11.  Consumer situation in the market ...................................................................... 58 

11.1 Consumer rights ................................................................................................. 58 

11.2 Consumer complaints .......................................................................................... 59 

 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

General information1 

Country  

Researcher name  

Belgium 

Prof. Dr. Vincent Sagaert 

Drs. Benjamin Verheye 

Researcher contact details (email) 

vincent.sagaert@kuleuven.be 

Main Sources Used 

benjamin.verheye@kuleuven.be 

The authors are grateful to Mr. Robin Frissyn for the help in the writing of this 
contribution concerning the notarial aspects. Sincere gratitude also goes to Prof. Luc 
Weyts, who responded to the previous version of this questionnaire and whose responses 
provided a source of inspiration to the authors. 

1 The drafting of the country fiches as part of the Consumer market study on the functioning of the real estate services for consumers in the European Union was coordinated by  
Professor Christoph Schmid (Universität Bremen, ZERP, Email: cschmid@uni-bremen.de). 

 
 
 
 
 
 
 
 
                                                
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

1.  Regulatory background 

1.1  Level of regulation in the country 

Table 1: Level of regulation 

Level of regulation  

Source of relevant 
legislation  

Real estate transactions2 

Strictly regulated 

Notary system (or 
lawyer/conveyancer system)3 
Profession of estate agents 

Strictly regulated 

Strictly regulated 

Civil Code of 1804 
Mortgage Act of 1851 
Various specific Acts and Royal 
Decrees 
Notary Act of Ventôse 1803 

Act of 11 February 2013 
organising the profession of 
real estate agent 

Ongoing discussion on 
regulation/deregulation (if applicable): 
current state of affairs and main 
arguments in the debate 
N/A 

N/A 

N/A 

1.2  National legislation 

Table 2: List of national legislation  

List of national legislation  Classification  of  national 

Content of the national legislation  

Civil Code of 18044 

Mortgage Act of 18515 

legislation  
Applicable to real estate 
transactions in genera 
Applicable to real estate 
transactions in general 

General rules on transfer of ownership of real estate (consensual, monistic and causal 
system) 

•  General rules on the Belgian real estate publicity system (Mortgage Register, 

publicity required for opposability) 
•  Rules on general and specific privileges 

2 E.g. limitations or prohibitions of certain transactions; specific formality requirements etc. 
3 Only in countries where notaries do not exist or do not have a monopoly on conveyancing. 
4 See: http://www.ejustice.just.fgov.be/cgi_loi/loi_l1.pl?language=nl& la=n&fromtab=wet&tri=dd+as+rank&sql=dd+=+date'1804-03-21' 
5 See: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la =N&table_name=wet&cn=1851121601 

 
 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 2: List of national legislation  

Notary Act of Ventôse 18036 

Applicable to notaries 

Act of 11 February 2013 
organising the profession of 
real estate agent7 
Book VII of the Economic Law 
Code 8 

Long lease (‘emphyteusis’) 
Act of 18249 

Building right (‘superficies’) 
Act of 182410 

Act of 9 July 1971 on the 
construction of residential 
real estate and the sale of 
future residences or real 
estate that is being built (the 
‘Breyne-Act’)11 

Applicable to real estate 
agents 

Applicable to credit 
transactions related to 
immovables, with or without 
constitution of a mortgage. 
Applicable to mortgage 
creditor institutions. 
Applicable to consumers 
Applicable to real estate 
transactions establishing a 
long lease 

Applicable to real estate 
transactions establishing a 
building right, explicitly or 
implicitly 
Applicable on B2C 
transactions concerning 
residential real estate that 
has not been built yet or that 
is being built. 

•  Rules on mortgages 

•  Organisation of the notarial profession  
•  Conditions on market entry, rules on conduct of business, rights and duties 
•  Organisation of the real estate agent profession 
•  Conditions on market entry, rules on conduct of business, rights and duties 

Implementation of EU Mortgage Credit Directive 

• 
•  Rules on mortgage credits 
•  Consumer protection: advertisement rules, ESIS, advice, etc. 
•  Responsible lending principles: scrutiny of possibilities of future debtors, debt to 

income, etc. 

•  A long lease must have a duration of at least 27 years and maximum 99 years 
•  The lessee cannot undertake any action that decreases the value of the plot of 

land 

•  A lot of contractual freedom 
•  A building right must have a duration of maximum 50 years 
•  The titular of the building right can build and own buildings on a plot of land or 

volumes on an existing building 

•  Contractual freedom 
•  Consumer protection 
•  Ownership of the plot of land and the existing buildings are immediately 

transferred to the buyer, ownership of the buildings being built is gradually 
transferred 

•  Specific conditions for contracts that fall within the scope of the Act: compulsory 

clauses, exhaustive descriptions, no buy-back clause, etc. 

6 See: http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=nl&la=N&cn= 1803031630&table_name=wet&&caller=list&fromtab=wet&tri=dd+AS+RANK 
7 See: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl? language=nl&la=N&cn=2013021151&table_name=wet 
8 See: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl? language=nl&la=N&cn=2013022819&table_name=wet 
9 See: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language= nl&la=N&cn=1824011030&table_name=wet 
10 See: http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=nl&la=N&cn =1824011031&table_name=wet&&caller=list&fromtab=wet&tri=dd+AS+RANK 
11 See: http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=nl&la= N&cn=1971070930&table_name=wet&&caller=list&fromtab=wet&tri=dd+AS+RANK 

8 

                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 2: List of national legislation  

Residential Rent Act 
(federal)12 
Brussels Capital Region 
Residential Rent Ordonnance 
(not yet into force)13 
Commercial Rent Act14 

Cf. infra 

Cf. infra 

Cf. infra 

Cf. infra 

1.3 

Implementation of relevant EU legislation 

Table 3: Implementation  of relevant EU legislation 

EU legislation 

Implementation 
achieved? 

Implementation of EU 
legislation at the 
national level (e.g. the 
name of the law) 

Source of the national 
implementation legislation: all 
Belgian legislation can be 
consulted on www.juridat.be  

Content of the 
national 
legislation in 
keywords 

Which  parts  of 
the 
EU 
legislation have 
been 
not 
transposed?  

Directive 2005/29/EC 
on unfair commercial 
practices (UCPD) 

Directive 93/13/EEC on 
unfair terms in 
consumer contracts 

Yes 

Yes 

Act of 6 April 2010 on 
commercial practices and 
consumer protection. 

Act of 2 June 1991 on 
consumer credit 
Act of 14 July 1991 on 
commercial practices and 
consumer information and 
protection 
Act of 4 August 1992 on 
mortgage credit. 

Integrated in the Economic Law 
Code. 

Integrated in the Economic Law 
Code. 

None 

None 

Unfair commercial 
practices 
Consumer 
protection 
Unfair terms and 
conditions in 
contracts with 
consumers 
Consumer 
protection 

12 See: http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=nl&la= N&cn=1991022032&table_name=wet&&caller=list&fromtab=wet&tri=dd+AS+RANK 
13 See: http://www.etaamb.be/nl/beschikking-van-27-juli-2017_n2017040697.html 
14 See: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&cn=1951043030&table_name=wet 

9 

 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 3: Implementation  of relevant EU legislation 

Yes 

Directive 2008/122/EC 
on the protection of 
consumers, in respect 
of certain aspects of 
timeshare, long-term 
holiday product, resale 
and exchange contracts  

Directive 2010/31/EU of 
Energy Performance of 
Buildings Directive 

Yes 

Act of 28 August 2011 on 
the protection of 
consumers regarding 
contracts of timeshare, 
long-term holiday product, 
resale and exchange 
contracts 
Act of 13 August 2011 
amending the Act of 11 
April 1999 on injunctions 
for violations of the act on 
contracts of acquisition of 
timeshare. 
Flemish Energy Decree of 
8 May 2009 
Decree of 14 March 2014 
amending the Flemish 
Energy Decree of 8 May 
2009 
Decision of the Flemish 
Government of 19 
November 2010 on general 
provisions of energy policy 
Decision of the Flemish 
Government of 28 
December 2012 amending 
the Energy Decision of 19 
November 2010 
Ordonnance of 7 June 
2007 of the Brussels 
Capital Region on energy 
performance and interior 
climate of buildings 
Ordonnance of 2 May 2013 
of the Brussels Capital 
Region containing the 

Act of 28 August 2011 

Act of 11 April 1999 on injunctions 
for violations of the act on the 
protection of consumers regarding 
contracts of timeshare, long-term 
holiday product, resale and 
exchange contracts 

Flemish Energy Decree of 8 May 
2009 
Flemish Energy Decision of 19 
November 2010 

Brussels Ordonnance of 7 June 
2007 

Brussels Code of Air, Climate and 
Energy 

Brussels Decision of 19 June 2008 

Brussels Decision of 27 May 2010 

Brussels Decision of 6 October 
2016 

Precontractual 
information 
Advertising rules 
Revocation right 
for the consumer 

Establishment of 
an injunction 
Implemented in 
art. 589 of the 
Procedural Law 
Code 

Introduction of 
Energy 
Performance 
Requirements for 
Buildings 
Introduction of the 
Energy 
Performance 
Certificate (EPC), 
Green Power 
Certificates, 
Thermal Power 
Certificates 
Encouragement of 
green power 
initiatives 
(government 
support for 
individuals and 
companies for 
green power 
businesses) 
Introduction of 
Energy 

None 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 3: Implementation  of relevant EU legislation 

Performance 
Requirements for 
Buildings 
Introduction of the 
Energy 
Performance 
Certificate 

Implemented in the Walloon Code 
of Territorial, Urban, Patrimonial 
and Energy Management 
Walloon Decree of 28 November 
2013 

Walloon Decision of 17 April 2008 

Walloon Decision of 12 December 
2013 

Walloon Decisions of 15 May 2014, 
18 December 2014, 19 November 
2015, 28 January 2016 and 15 
December 2016 

Brussels Code of Air, 
Climate and Energy 
Decision of 19 June 2008 
of the Government of the 
Brussels Capital Region 
determining the content of 
the energy performance 
requirements. 
Decision of 27 May 2010 of 
the Government of the 
Brussels Capital Region on 
the Energy Performance 
Certificate 
Decision of 6 October 2016 
of the Government of the 
Brussels Capital Region 
modifying various 
decisions executing the 
Ordonnance of 2 May 2013 
containing the Brussels 
Code of Air, Climate and 
Energy. 
Decree of 19 April 2007 of 
the Walloon Region on 
energy performance of 
buildings 
Decree of 28 November 
2013 of the Walloon 
Region on energy 
performance of buildings. 
Decision of 17 April 2008 
of the Walloon 
Government on the energy 
performance requirements. 
Decision of 12 December 
2013 of the Walloon 
Government amending the 

11 

 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 3: Implementation  of relevant EU legislation 

Yes 

Directive 2005/36/EC 
on Recognition of 
Professional 
Qualifications, as last 
amended by Directive 
2013/55/EU 

Mortgage Credit 
Directive, 2014/17/EC  

Yes 

Walloon Code of Territorial, 
Urban, Patrimonial and 
Energy Management, as 
far as provisions on the 
energy performance of 
buildings are concerned. 
Decisions of 15 May 2014, 
18 December 2014, 19 
November 2015, 28 
January 2016 and 15 
December 2016 executing 
the Decree of 28 
November 2013. 
Act of 13 December 2007 
establishing a new general 
framework for the 
recognition of professional 
qualifications 
Act of 21 November 2008 
implementing the 
Directives 2005/36/EC and 
2006/100/EC and 
amending the acts of 20 
February 1939 on the 
protection of the title and 
profession of architect and 
of 26 June 1963 
establishing an Order of 
Architects. 
Act of 19 April 2014 
introducing Book VII 
“Payment and credit 
services” in the Economic 
Law Code, inserting  
definitions proper to Book 
VII and sanctions for 

Framework Act of 13 December 
2007 

Architect Act of 21 November 2008 

Economic Law Code 

None 

Recognition of 
professional 
qualifications 
obtained in other 
EU Member 
States: conditions, 
equivalences, 
additional aptitude 
tests, etc. 
Specific provisions 
concerning 
architects. 

None 

Consumer 
protection: 
advertisement 
rules, ESIS, 
advice, etc. 
Responsible 
lending principles: 
scrutiny of 

12 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 3: Implementation  of relevant EU legislation 

violations on Book VII in 
the Books I and XV of the 
Economic Law Code and 
concerning various other 
regulations. 

Act of 19 April 2014 
organising recourse means 
against some decisions of 
the FSMA taken in 
application of Book VII or 
Book XV of the Economic 
Law Code, and adjusting 
the act of 2 August 2002 
concerning the supervision 
on the financial sector and 
the financial services, 
Belgian Official Gazette 28 
May 2015; 
Act of 26 October 2015 
adjusting the Economic 
Law Code and concerning 
various other adjustment 
regulations 
Act of 22 April 2016 with 
regard to the adjustment 
and inclusion of rules 
concerning consumer 
credit and mortgage credit 
in the various Books of the 
Economic Law Code. 

possibilities of 
future debtors, 
debt to income, 
etc. 
Organisation of 
Mortgage Credit 
Agencies: 
permanent 
education, staff 
requirements, etc. 

13 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

1.4 Communications and strategy papers 

Table 4: Communications and strategy papers  

Communication or strategy 
paper 

COM(2015) 550 final 
Communication of the Commission 
Upgrading the Single Market: more 
opportunities for people and 
business  
COM(2013)676 Communication 
from the Commission on evaluating 
national regulations on access to 
professions 
COM(2016)820 Communication 
from the Commission on reform 
recommendations for regulation in 
professional services 
European Consumer Agenda 

Have the following 
communications and 
strategy papers been 
referred to in national 
documents? 
No 

Name of 
document 

Source 

Content 

Differences with respect 
to communications and 
strategy papers listed in 
the first column 

No 

No 

No 

Consumer Programme 2014-2020 

No 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

2.  General market information 

2.1  Key market data  

Table 5: Key market data   

General market situation (e.g. 
trends in the market, recent 
developments in the market, 
price fluctuations, etc.) 

There is a clear indication of the Belgian tendency to acquire bare ground with the intention to build their own house on 
it. According to data of the National Bank of Belgium for 2014, 70,3% of the Belgian households have full ownership of 
their own residential home. 
The average price for real estate in Belgium has risen over the last couple of years (cf. infra). 
An interesting recent evolution is the fact that real estate is ever more seen as an interesting investment by people 
who own already a residential house. They consider real estate as a safe alternative for the classic investments on the 
stock market and a better renting alternative for saving accounts. Evidence for this trend is the fact that in the first 
months of 2017, the amount of real estate transactions and the prices thereof have risen, whereas the number of 
mortgage credits has decreased. 
30% of the Belgian people rent real estate. This real estate is rented to them by 4% of the population. On average, 
tenants spend 47% of their income to the rented real estate. More real estate is rented in urban areas than on the 
countryside. 
In 2016, the following number of buying transactions took place: 

Total value of residential 
transactions for buying for the 
year 2015 (2014 or 2013 
depending on the latest 
available data) expressed in 
EUR  

  Residential houses: 59.786, for a value of EUR 12.700.983.286. 
  Villas, bungalows and manors (> 500 sqm): 17.510 for a value of EUR 6.125.397.360; 
  Apartments, flats and studios: 37.574 for a value of EUR 8.313.363.284; 
  Plots of land (average of 2014): 16.903 for a value of EUR 2.362.959.938,6. 

In 2015, the following number of buying transactions took place: 

  Residential houses: 52.992, for a value of EUR 10.830.178.523. 
  Villas, bungalows and manors (> 500 sqm): 15.722 for a value of EUR 5.381.638.865; 
  Apartments, flats and studios: 37.308 for a value of EUR8.224.544.760. 

Ratio house owners – tenants 
(i.e. the percentage of 
households that are owners 
resp. tenants of dwelling units) 

According to data of the National Bank of Belgium for 2014, 70,3% of the Belgian households have full ownership of 
their own residential home, with a median15 value of EUR 249,700.16 Moreover, 18,5% of the Belgian families own 
additional real estate.17 
30% of the Belgian population rent real estate. 

15 50% of the residence-owning households’ residence is worth less, 50% is worth more. See P. DE CAJU, “De vermogensverdeling in België: eerste resultaten van de tweede golf van de Household 
Finance and Consumption Survey (HFCS)”, NBB Economisch Tijdschrift 2016, vol. september, (27) 28. 
16  P.  DE  CAJU,  “De  vermogensverdeling  in  België:  eerste  resultaten  van  de  tweede  golf  van  de  Household  Finance  and  Consumption  Survey  (HFCS)”,  NBB  Economisch  Tijdschrift  2016,  vol. 
september, (27) 29. 
17  P.  DE  CAJU,  “De  vermogensverdeling  in  België:  eerste  resultaten  van  de  tweede  golf  van  de  Household  Finance  and  Consumption  Survey  (HFCS)”,  NBB  Economisch  Tijdschrift  2016,  vol. 
september, (27) 29. 

15 

                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 5: Key market data   

Usage of land (Quotas for built 
land, agricultural land, “wild 
land” (forests, lakes etc.) 

Usage of land in Belgium in 2016: 

  Agricultural land: 1.350.077 ha 

Forest: 702.408 ha 

Average prices of residential 
property  

  Built: 630.635 ha 

According to the type of property  

The average prices for residential real estate in Belgium in 2016 were18: 

  Average flat of ca. 70 sqm 
  Terrace house of ca. 100 sqm 
  Detached (one family house) of 

  Residential houses (Terrace house of ca. 100sqm): EUR 212,441; 
  Villas, bungalows and manors (> 500 sqm): EUR 349,823; 
  Apartments, flats and studios (Average flat of ca. 70sqm): EUR 221,412; 

ca. 150 sqm 

According to the type of location  
•  Capital city 
•  Urban areas 
•  Rural areas 

Plots of land (average price of 2014): EUR 119/sqm. 
There are large divergences of prices, dependent on the region and location (city, 
suburban, rural)19.  
Generally speaking, in Brussels, real estate is most expensive, followed by 
Flanders. In the Flemish Region, the average prices in 2016 are the following: 

-  Residential houses: EUR 228,480; 
-  Villas, bungalows and manors (> 500 sqm): EUR 374.705; 
-  Apartments, flats and studios: EUR 227.855; 

In the Brussels Capital Region, the average prices in 2016 are the following: 

-  Residential houses: EUR 412.843; 
-  Villas, bungalows and manors (> 500 sqm): EUR 1.008.176; 
-  Apartments, flats and studios: EUR 235.228; 

In the Walloon Region, the average prices in 2016 are the following: 

-  Residential houses: EUR 157.306; 
-  Villas, bungalows and manors (> 500 sqm): EUR 272.085; 
-  Apartments, flats and studios: EUR 173.542. 

The average prices of real estate in Belgium have been gradually increasing during 
the last decades, with almost 30% over the last decade. 
In 2016, these increases were the following: 

-  Residential houses: 4%; 
-  Villas, bungalows and manors (> 500 sqm): 2,2%;  
-  Apartments, flats and studios: 0,4%. 

Price development of 
residential property  

According to the type of property 

  Average flat of ca. 70 sqm 
  Terrace house of ca. 100 sqm 
  Detached (one family house) of 

ca. 150 sqm 

According to the type of location  

In the Flemish Region, the development in 2016 was the following: 

-  Residential houses: 2,9%; 
-  Villas, bungalows and manors: -0,1%; 

18 No figures are available in Belgium in relation to the type of property listed in the second column.  
19 The distinction according to the type of location listed in the second column is not generally upheld in Belgium, where the focus is put on the differences between the three regions. 

16 

 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 5: Key market data   

-  Apartments, flats and studios: -1,3%. 

In the Brussels Capital Region, the development in 2016 was the following: 

-  Residential houses: 2,1%; 
-  Villas, bungalows and manors: 10,4%;  
-  Apartments, flats and studios: 2,2%. 

 In the Walloon Region, the development in 2016 was the following: 

-  Residential houses: 1,4%: 
-  Villas, bungalows and manors: 0,7%; 
-  Apartments, flats and studios: 1,9%. 

Development of price index 
(Housing price index if 
existing, otherwise Consumer 
price index) 

For 2016:  

-  Q1: 3,09% 
-  Q2: 2,48% 
-  Q3: 2,46% 
-  Q4: 2,54% 

17 

 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

2.2  Service providers  

Table 6: Service providers   

Total number of firms 
(end 2016) 

Total number of 
professionals 

Total number of 
employees 

Branch offices per 
firm 

Market 
concentration in 
% of turnover 

Average 
turnover per 
firm 
(expressed 
in EUR) 

Estate agents  N/A 

9887: 
-  7839 titulars 
-  2009 interns 
-  39 agents from 

another EU Member 
State 

N/A 

N/A 

N/A 

N/A 

N/A 

Lawyer/ 
Advocates/ 
Solicitor  
Notary 
Licenced 
conveyancers 
Architects 
Surveyor 

Engineers 

1150 
The profession does not exist in Belgium.  

N/A 
Approximately 1650 
surveyors20 
N/A 

7714 (end 2014) 
N/A 

N/A 

15 lawyers per 10.000 
inhabitants 
(in 2012-2013) 
1550 

N/A 

8000 

N/A 
N/A 

N/A 

N/A 

N/A 

N/A 
N/A 

N/A 

N/A 

N/A 

N/A 
N/A 

N/A 

N/A 

N/A 

N/A 
N/A 

N/A 

20 See: http://economie.fgov.be/nl/ondernemingen/leven_onderneming/oprichting/toegang_beroep/vrije_intellectuele_beroepen/landmeters_experten/volledige_lijst/ 

18 

 
 
 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

3.  Roles of professionals and services in the real estate market 

Table 7: Role of professionals in the real estate market   

Main function: does 
the professional 
typically work 
independently or as 
part of a firm or 
another 
organisation? 
Extent of 
engagement (at 
which point(s) does 
each professional 
intervene in the 
process?) 

Notary 
Notary 
associations/corporations are 
allowed. 

Lawyer 
Lawyer associations/ 
corporations are allowed. 

Real estate agent 
Real estate agent 
associations/ corporations are 
allowed. 

Technical services 
/ 

Firstly, the preliminary sales 
agreement is, in some cases, 
drafted by the notary. 
Secondly, a transaction 
transferring real estate 
property rights (with 
constitutive or retroactive 
effects) is only effective 
against third parties as from 
the date on which the 
agreement has been 
registered with the competent 
Mortgage Registry Office and 
as only authentic deeds and 
court decisions may be 
registered with this Office, the 
notary’s intervention is 
required in this respect. 
Thus, the notary must pass 
the deed of transfer of 
property (‘conveyance’). 
Before passing the authentic 
deed of transfer of property, 
the notary has to comply with 

In the Belgium real estate 
market, the intervention of a 
lawyer is not required and 
remains an exception in 
transactions of conveyance 
between private parties. In 
transactions between 
professional parties, however, 
advocates often play an 
important role, sometimes 
being the main actor that 
constructs a certain scheme 
of various real estate 
transactions. 
When advocates intervene, 
they mostly play an important 
role in the drafting of the 
preliminary agreement 
between the parties and the 
credit and security 
agreements with the financial 
institutions. In this respect, 
they often act as escrow 
agent for the financial 
transaction. In addition, 

The intervention of a real 
estate agent is not 
mandatory. However, 
nowadays, most real estate 
transactions, especially with 
private parties, involve one or 
more real estate agents. 
Not only real estate agents 
constitute the first address for 
private parties wishing to buy 
and/or sell real estate, 
reducing their research cost, 
but they also guide these 
parties through the 
transaction. They organise 
publicity, conduct guided 
visits of the real estate, they 
draft purchase options or 
sales options and often draft 
the preliminary agreement 
between parties. It is also 
possible that they receive the 
down payment (usually 10 or 
15% of the sale price) upon 
the signing of the preliminary 

The intervention of various 
technical services is sometimes 
obligatory in Belgium during 
the acquisition of real estate. 
There exists differences 
between the various regions, as 
most of the decisive powers on 
these issues have been 
transferred to the Regions.   
In all Belgian Regions, firstly, 
on the basis of the Act of 1971 
concerning the sale of building 
‘on plan’21, the intervention of 
an architect is required (1) if 
(part of the) building is sold to 
a private party prior to its 
completion and (2) that party is 
obliged to make a down 
payment before the building is 
built. The architect must control 
and sign the plans for the 
building and these plans must 
be added to the agreement. 
Outside the scope of application 
of this Act, all parties can, on a 

21 Act of 9 Juli 1971 regulating residence building and the sale of residences that will be built or are being built, Belgian Official Gazette 11 September 1971, 10442. 

19 

 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 7: Role of professionals in the real estate market   

agreement, which they have 
to pass through to the seller 
(after deduction of their 
commission). 

advocates can also play a role 
in the drafting of the 
authentic deed by the civil 
notary, making suggestions 
and requiring certain 
guarantees to be included in 
the deed. 
In complex or difficult 
transactions, the lawyers 
involved often play the role of 
escrow agent: the financial 
institution only transfers the 
loan to the debtor, if the 
advocates have received all 
necessary documents proving 
that possible suspending 
conditions have been fulfilled 
and give their fiat to the 
financial institution. 

a large number of formal 
requirements, such as:   
  Verifying the identity of the 

seller and that of the 
purchaser and their respective 
marital status; 
If the seller/purchaser is 
married and has a marriage 
contract, verifying the 
contents of this contract; 
  Verifying the legal capacity of 
the seller and the purchaser; 
  Checking the ownership title 

of the seller; 

  Verifying whether a 

speculation tax is due; 

  Verifying whether any of the 

parties will be represented by 
a proxy holder for the passing 
of the deed (in which case the 
proxy must also be in 
authentic form); 
In case the purchaser or the 
seller is a legal person, 
verifying the articles of 
association of this entity and 
the powers of representation; 
In case the purchaser is a 
province, a municipality, a 
public social aid centre or a 
local church body 
(“kerkfabriek”/“fabrique 
d’église”), verifying whether 
the decision to sell or buy has 
been taken by the competent 
body and whether the 
appropriate administrative 

non-mandatory basis, decide to 
ask for the expertise of an 
architect before entering into 
the agreement. 
Secondly, in all Belgian 
Regions, the seller must obtain 
a certificate that declares that 
the oil tank of the building – in 
case there is one – is safe. This 
can also be recognised by a 
mark – a coloured sticker – on 
the tank. Oil tanks under a 
certain volume must, however, 
only be mentioned in the sales 
agreement. 
Thirdly, in all three Regions, it 
is compulsory to provide the 
purchaser with an Electricity 
Certificate at the moment that 
the authentic deed is passed. 
This certificate can only be 
drafted by a licensed expert 
organisation who controls the 
electricity system of the 
building. If the last Electricity 
Certificate predates 1 October 
1981, a new control must take 
place. 
In addition, in the Flemish 
Region, the seller of real estate 
must obtain a soil certificate 
from the Public Flemish Waste 
Company (OVAM), before 
entering into a preliminary 
agreement. Complying with 
these obligations is a validity 
requirement for the private 

20 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 7: Role of professionals in the real estate market   

procedure has been complied 
with; 

  Verifying whether there are 
any servitudes on the object 
of the conveyance; 
  Verifying whether the 

property to be sold may have 
been, in the previous thirty 
years, transferred in a way 
which allows the original 
transferor to recall the 
transfer or which requests 
authorisation of the original 
transferor to make the sale 
possible (e.g. donation, sale 
of a social housing, …);  

  Verifying whether the building 

has been insured; 
  Verifying whether the 

building/plot of land is not let 
and, if so, verifying the 
conditions of the lease; 
If the good is part of a 
condominium (i.e., generally, 
an apartment building), 
verifying the by-laws of the 
condominium; 

  Obtaining a land register 

(‘cadastre’) certificate (cf. 
infra); 

  Obtaining a mortgage register 

certificate (cf. infra); 

  Obtaining a town planning 

certificate with the concerned 
municipality; 

22 Decree of 27 October 2006 concerning soil sanitation and soil protection, Belgian Official Gazette 22 January 2007, 2579. 

sales agreement. This is 
requested by the Soil Decree22 
in order to make sure that the 
soil is not polluted. If the seller 
does not  sell a so-called ‘risk 
plot of land’, indicating that risk 
activities have taken place in 
the past, and no previous 
investigation has taken place, 
the seller obtains a blanco 
certificate, which is sufficient to 
transfer the plot of land, if all 
cadastral information is correct. 
If that certificate mentions that 
there is pollution exceeding the 
normal limits or if a risk plot of 
land is being sold, then the 
buyer has to request an 
additional exploratory soil 
investigation by a licensed 
expert, unless this has already 
been undertaken and no risk 
activity has been going on the 
plot of land ever since. If the 
outcome of this investigation is 
that the soil is polluted, then 
the buyer needs a descriptive 
soil investigation. If sanitation 
is required, then it must be 
sanitised by a licensed expert 
and the buyer must provide a 
financial security. In the 
Brussels Capital Region and 
Walloon Region, a similar soil 
certificate must be obtained, 

21 

 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 7: Role of professionals in the real estate market   

  Obtaining a soil certificate if 

required (not applicable for all 
Regions, cf. infra) 

  Notifying the relevant tax 

authorities (e.g. the direct tax 
collector and the VAT – 
collector if the company is 
subjected to VAT) at least 12 
days before the passing of the 
deed conveying the property; 

  Verifying the registered 

property titles of the real 
estate in order to check 
whether they contain any 
transfer restrictions, e.g. a 
pre-emption right in favour of 
a tenant in the event of a sale 
that implies that the latter 
should have the possibility to 
buy first, a pre-emption right 
in favour of a public authority, 
etc. 

  Checking whether the 
property is object of a 
statutory right of pre-
emption.  

In general, the notary checks, 
to the extent his/her office 
allows to do so, the legal 
validity and lawfulness of the 
contractual agreement, 
makes sure both parties are 
protected, and has to refuse 
his/her professional obligation 
if the agreement underlying 
the conveyance is void. In all 

although the procedure differs 
from the procedure applicable 
in the Flemish Region. 
Finally, in all three regions, the 
purchase of real estate must be 
provided with the so-called 
‘Energy Performance Certificate’ 
(EPC) if the real estate is or 
contains a building. This 
certificate must be drafted by a 
licensed expert. It contains 
information about the energy 
efficiency of the building, with a 
coloured graph. The EPC is a 
key factor for determining the 
value of the house and possible 
renovations.  

22 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 7: Role of professionals in the real estate market   

transactions in which the 
notary intervenes, s/he 
provides an independent and 
impartial legal advice and 
information to the parties. By 
the intervention of the notary, 
the agreement gets enforced 
probatory value and is 
enforceable without 
intervention of a court 
(‘executory title’). 

Thirdly, the notary also 
intervenes in the performance 
pursuant to the notarial deed. 
S/he has the role of an 
escrow agent: s/he receives 
the payment from the 
purchaser (mostly on his/her 
escrow account) and hands it 
over to the seller. The notary 
guarantees that all debts on 
the sold goods with 
mortgages or statutory 
property security rights, as 
they have been registers, are 
in priority paid. The notary 
has the legal obligation to 
notify the tax administration 
in order to check if there are 
any fiscal or social debts 
towards the tax authorities. 
Generally, cash payments are 
prohibited in the purchase of 
real estate. The notary also 
collects the taxes that are due 
on the transaction and 

23 

 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 7: Role of professionals in the real estate market   

Mandatory 
involvement 

How are their 
fees/charges 
structured  

transfers them to the 
competent authorities (cf. 
infra). 
Cf. supra. 

The legal basis is the Royal 
Decree of December 16, 1950 
on notary fees.  
A cost calculator is accessible 
through the Belgian notaries’ 
website www.notaire.be, in 
order to guarantee full 
transparency on the total 
amount of fees and taxes 
related to a real estate 
transaction. Cf. infra for 
examples, 4.2 Sale contract 
and transfer of ownership. 

No. 

No. 

Cf. supra. 

Freely determinable. 

Freely determinable. 

Freely determinable, unless a 
legal provision stipulates 
differently for a specific service. 

24 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

4.  Land registration 

Table 8: Land registration   

Responsible authority(ies) dealing 
with land registration 

Actors involved in the registration 
procedure and their main functions 

Belgium has a rather decentralised system of land registration. In order to obtain all necessary information, one 
must consult three different instances: the Land Register (‘Cadastre’) Office, the Registration Office and the 
Mortgage Register Office. In most cases, the notary deals with these three registers. 
Since recent restructuring and reorganisation projects, the three instances have been brought closer together 
from an operational point of view. Strictly legally speaking, however, they remain three separate instances, 
which are all three part of the Department of Finance. 

1.  Land Register (‘Cadastre’) Office 

The Land Register (‘Cadastre’) Office is situated at the municipality level of the Belgian State. It is organised as 
a so-called Realfolium: all information is ranked on the basis of the plot of land. This information includes: the 
location, a unique description number of the land and the buildings thereon, the identity of the owners, possible 
limited real rights and their titulars, etc. It still operates partly on a non-digitalised basis.  
The main goal of the Land Register (‘Cadastre’) Office is to determine the so-called ‘Cadastral Income’ of all real 
estate. This allows the State to levy various taxes on real estate (immovable income tax, regional immovable 
withholding tax, etc.). The Cadastral Income also receives the registration rights (cf. infra). Nevertheless, the 
information of the Cadastre Office is commonly also used to identify the property at stake. This has, however, 
no legal value: it cannot be used as a proof for a claim to real estate or any other legal claim. 

2.  Registration Office 

The Registration Office is part of the tax authorities of the Belgian State. It is responsible for levying the transfer 
tax on real estate, the so-called ‘registration right’. Every transfer of real estate must be registered within 4 
months after signing the preliminary sales agreement (or after the realisation of the conditions precedent) or at 
the moment that the authentic deed is being passed. 
Upon registration, the registration right must be paid, and payment is determined as a fixed percentage of the 
sales price. These percentages differ between the three Regions: 10% in the Flemish Region, 12,5% up to 15% 
in the Brussels and Walloon Region. A discount applies if the Cadastral Income is below EUR 745 (houses; 
increased in case of at least three children) or EUR 323 per month (plots of land), insofar (1) the purchaser(s) 
acquires full ownership of the entire real estate, (2) the purchaser has not bought other real estate before and 
(3) fulfils the obligation to have his/her main residence in the real estate for a period of at least three years, 
within three years after acquisition of the real estate. The acquirer must be a natural person having his/her legal 
residence within the EEA. 
Registration has an important civil effect: it grants to the deed a so-called ‘certain date’, i.e. its date can be 
proven against third parties. 
3.  Mortgage Register Office 

The Mortgage Register Office exists in Belgium since the Act of 1851, making it one of the oldest of its kind in 
Europe. Although it is part of the Finance Department, it serves private interests, contrary to the Cadastre Office 
and the Registration Office, that both serve state interests.  

25 

Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 8: Land registration   

Contrary to what its name might suggest, the Mortgage Register requires the publicity of all deeds inter vivos 
resulting in the transfer, establishment, abdication or declaration of ownership or other property rights, such as 
usufruct, building rights (‘superficies’) or long lease (‘emphyteusis’). In addition, also real estate lease 
agreements for a period exceeding 9 years, despite lease not being a property right in Belgium, and court 
actions and decisions affecting the proprietary status real estate must be registered. Only if this publicity 
requirement is fulfilled, the transaction is effective against bona fide third parties with competing interest on the 
property at stake. For instance, the date of registration in the mortgage register decides the priority of de bona 
fide acquirers that have acquired concurring real rights. In this respect, it must be mentioned that Belgium has 
a negative immovable publicity system, as opposed to positive systems (e.g. the German Grundbuch): it is only 
guaranteed towards third parties that all information that is not registered, despite it being required to be 
published, cannot be effective against them. No guarantees whatsoever are given, however, as far as the 
correctness of the registered information is concerned. The Belgian land registrar has therefore only a passive 
role in the registration process: it must only control whether the deeds that are offered to him fulfil all formal 
requirements in order to be published and not whether they are internally correct. 
The Mortgage Register is personally organised, contrary to the so-called Realfolia (e.g. the German Grundbuch): 
all information is ranked on the basis of the titulars of the real rights. However, thanks to the ongoing 
digitalisation of the Mortgage Register, it would in fact be possible to undertake research on a real level as well, 
albeit for more recently registered information. 
Cf. supra. 

Intermediate steps of the registration 
procedure, if applicable 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

5.  The process to buy or sell a property  

5.1  Main steps in the transaction process to buy or sell a property  

Table 9: Main steps of the process to buy or sell a property 

Main steps 

Main function 

Applicable  National specificities/additional functions/main actors  

Matching the parties 

Estate agent 
services 
Alternative matching 
devices 
Preliminary contract   Securing the 

Matching the parties 

transaction before the 
final contract is 
concluded 

Yes 

Yes 

Yes 

  Cf. supra, 3. Roles of professionals and services in the real estate market 

Online overviews of all real estate for sale/for rent. 

Most frequently, before going to the notary, the parties will sign a private sales 
agreement agreeing upon the essential rights and obligations determining the 
conveyance. As a matter of principle, the property transfer takes place at this same 
moment: Belgium has a consensual system of transfer of real rights. However, in many 
cases, parties will postpone the actual transfer of the real right until the moment of the 
passing of the authentic agreement or until the moment the price is paid (most frequently 
coinciding with the authentic deed). Such reservation of real estate title is valid. However, 
parties are obliged by the binding force of the agreement from the moment of its 
conclusion.  It is to be noted that an exception exists to this extent for mortgages: a 
mortgage is only validly established when the authentic agreement has been passed. 
However, nothing opposes against the fact that parties would enter into their sales 
contract immediately in authentic form. Mostly, they enter into a private sales agreement 
as this authentic deed requires some time delay, given the formal requirements (cf. 
supra).  

In many cases, especially with private parties, the private sales agreement contains a 
condition precedent stipulating that the agreement only takes effect if the purchaser 
obtains a loan, mostly a mortgage loan, from a financial institution, within a limited period 
of time. This is, however, not mandatory. 

The private sales agreement can be drafted by anybody. In most cases, the real estate 
agent or an advocate (for professional parties) drafts the private sales agreement. It is 
unusual that a notary is already engaged at this stage of the process, although it is 
possible and in fact recommended. This recommendation stems from the fact that a 
notary is, in most cases, in a better position to assess the content of the agreement and 
that parties can already benefit, in case something goes wrong, from the notary’s 
insurance. In principle, it is not required that the preliminary agreement be in written 

27 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 9: Main steps of the process to buy or sell a property 

Preliminary checks 
(land register, 
Mortgage Register, 
administrative 
permits) 

Drafting the sales 
contract and/or deed 
of conveyance 

Conducting all 
necessary checks, in 
order for the buyer to 
know what s/he buys, 
including all possible 
encumbrances. 
Formalising the 
agreement of the 
parties. 

Yes 

Yes 

form in order to be valid. However, in non-commercial, a transfer with a value exceeding 
375 EUR must be in writing in order to be proven. 
It is common that at the signing of the preliminary agreement, a down payment will be 
made. In this respect, the real estate agent or the notary will act as escrow agent for the 
parties. The down payment can also take the form of a financial security. 
Notary 
Cf. supra, 3. Roles of professionals and services in the real estate market 

The authentic deed is in most cases passed before a notary. The notary is, however, not 
the only official that can grant authenticity to a deed: a judge and other officials, for 
instance the governor of a province or authentified diplomat in a foreign embassy, can 
also authenticate an agreement. Authenticity is required, for only authentic deeds can be 
registered by the Registration Office and published by the Land Registry Office. 
The notary is obliged to control a series of formalities before the authentic deed can be 
signed. S/he will consult, inter alia, the Registration Office, the Cadastre Office and the 
Mortgage Registry Office. Thus, s/he will ascertain the title of the seller and all previous 
titles, going back for a period of time of at least 30 years, which is the term for the 
standard acquisitive prescription of real estate. S/he will also check whether all public law 
requirements, such as the acquisition of the Soil Certificate, are fulfilled. In addition, s/he 
will control the identity of the parties, their marital status, etc. As mentioned above, it is 
recommended that a notary is already engaged in the previous step of the conveyancing 
process, as parts of this control can already be undertaken then, which is also of 
importance for the preliminary agreement. 

The authentic deed itself contains a lot of information, mostly aiming at protecting the 
parties: the identity, place and date of birth, marital status, etc., of private persons, and 
the name,  company form, official publicity measures, some statutory information, etc., of 
legal persons, the identification of the real estate that is conveyed, possible conditions 
precedent or termination clauses, various compulsory clauses concerning prevention of 
money laundering, the sensibility of the real estate for flooding, the possible protected 
status (e.g. UNESCO World Heritage, which is very relevant as (parts of) some Belgian 
cities are entirely protected by it, e.g. Bruges) of the real estate, etc. Moreover, the 
authentic deed contains, at the end, a tax declaration (“declaration pro fisco”). The 
authentic deed is also the ideal instrument for the purchasers to moderate obligations 

28 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 9: Main steps of the process to buy or sell a property 

Legal advice or 
counselling 

Certification of 
signatures  

Contract execution 
(transfer of 
payment) 

Contract execution 
(transfer of 
property) 

Registration 

Ensuring that the 
transaction is valid 
and that the parties 
know about their 
rights and duties. 
Ensuring the validity 
of the agreement. 

Executing the contract 
and securing that both 
parties perform their 
obligations. 

Executing the contract 
and securing that both 
parties perform their 
obligations. 

Making the 
transaction visible to 
third parties and the 
public. 

Yes 

No 

Yes 

Yes 

Yes 

with regard to family estate planning, such as an accretion clause, a declaration of 
reinvestment of own capital, etc. 

In all transactions in which the notary intervenes, s/he provides an independent and 
impartial legal advice and information to the parties. 
Parties are also free to consult a lawyer.  

The notary does not perform a mere certification of signature, but proceeds to the 
authentication of the contract (legal validity and lawfulness of the date and content of the 
contract, and the identity of the signing parties). 

The notary plays the role of an escrow agent: s/he receives the payment from the 
purchaser (mostly on his/her escrow account) and hands it over to the seller. 

In the Belgian consensual transfer of property system, the property is transferred from 
the seller to the buyer as from the preliminary agreement. 
However, many parties decide to postpone the transfer of property until the signing of the 
authentic deed. This is perfectly possible. 
No additional conditions need to be fulfilled. 

The main publicity measure is the registration of the authentic deed in the Mortgage 
Register.23 
Since 2001, it is possible to send a scanned version of the deed via the so-called ‘e-
notariate’ – the software program of the Royal Federation of Belgian Notaries – to the 
Mortgage Registry Office, who will also keep it in a digital form. The registrar will only 
control the formal validity of the deed, i.e. whether all formal requirements are fulfilled in 
order to be published and whether the underlying agreement is registrable. If the deed is 
accepted for registration, the registrar sends a certified copy back to the notary with the 
number and date of publication. 

23 As mentioned above, registration at the Registration Office must take place within 4 months after the signing of the private sales agreement or at the moment of signing the authentic agreement. 
Usually, it is the notary who takes the necessary steps to do this. The registration right is levied upon this registration. Although, legally, both parties are liable for this tax, in most cases the 
purchaser pays the registration right. It is paid to the notary, who is liable of transferring it to the Registration Office. However, this is not an element of publicity, as these tax registers are not 
open to public.  

29 

 
 
 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 9: Main steps of the process to buy or sell a property 

Taxation (esp. 
transfer tax) 

Creating revenue for 
the state. 

Yes 

The notary has an important task in the tax aspect: s/he acts as a collector of taxes for 
the State. 
Cf. infra, 9.3 Taxes in the process of buying and selling a property. 

Post-transaction 
controls (if 
applicable) 

Securing that the 
contract is duly 
executed. 

Yes 

Cf. supra, 3. Roles of professionals and services in the real estate market. 

5.2  Sale contract and transfer of ownership  

Table 10: Contract of sale and transfer of ownership  

Main steps 

Actors involved 
per intermediate 
step  

Payment details24 

Payments expressed : 

When is the payment made 

• In EUR as % of total purchase price and 
• As a fixed amount if available (add if VAT 

applies) 

Estate agent 
services or 
alternative 
matching devices 

Real estate agents  The real estate agent includes these costs in 

the fee s/he receives from the seller: cf. infra, 
9.1 Transaction costs for sample transactions. 
The websites receive a fee for the publicity. 

The real estate agent mostly 
receives the fee after the 
transaction. Many real estate 
agents apply a ‘no sale, no pay’-
system: in that case, only some 
publicity costs have to be paid by 
the seller. 

Typical risks 
associated to these 
steps, if relevant 

Fraud: risk of dealing 
with a seller that does 
not exist 

24  Payment  shall be  considered  as  the  ‘discharge of  an  obligation  by  its  settlement  equal to  the  monetary value of  the  debtor’s obligation’  while fees  can  be  defined  as  ‘a  charge  for services 
rendered’ (Retrieved from: http://www.investorwords.com/3634/payment.html, http://www.investorwords.com/1922/fee.html). Payment, therefore, includes both the cost of the service and the 
fees for the service in question.  

30 

 
 
 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 10: Contract of sale and transfer of ownership  

The notarial fees are due at the 
time of signature of the authentic 
deed by the parties and the 
notary. 

Legal certainty: buyer 
and seller both want to 
be sure that the contract 
is valid and that no 
problems will arise 
afterwards that could 
endanger the contract. 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 

Preliminary 
contract (usual) 

Real estate agent  
Notary 

Notary 

Preliminary 
checks (Mortgage 
Register, 
administrative 
permits) 

The real estate agent includes these costs in 
the fee he receives from the seller: cf. infra 
The notary fees are a lump sum covering all 
expenses for the procedures mentioned in this 
table for which the notary intervenes. The legal 
basis is the Royal Decree of December 16, 
1950 on notary fees. A cost calculator is 
accessible through the Belgian notaries’ 
website www.notaire.be, in order to guarantee 
full transparency on the total amount of fees 
and taxes related to a real estate transaction. 

Cf. supra, 3. Roles of professionals and 
services in the real estate market 
A fixed retribution is due for the consultation of 
the mortgage register, depending on the 
question whether the notary only asks for an 
overview (EUR 85; EUR 45 if only an overview 
going back 6 months) or an entire copy of the 
previous deed (EUR 50). In case of urgency, in 
which delivery of the requested information 
within 8 days is requested, these prices are 
increased to EUR 140 and EUR 85, 
respectively. 
It must be noted, however, that an informal 
system of exchange of deeds exists between 
notaries. 

31 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 10: Contract of sale and transfer of ownership  

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 

Notary 

Drafting the sales 
contract and/or 
deed of 
conveyance 

Legal advice or 
counselling 

Notary 
Lawyer 

The notary fees are a lump sum covering all 
expenses for the procedures mentioned in this 
table for which the notary intervenes. The legal 
basis is the Royal Decree of December 16, 
1950 on notary fees. A cost calculator is 
accessible through the Belgian notaries’ 
website www.notaire.be, in order to guarantee 
full transparency on the total amount of fees 
and taxes related to a real estate transaction. 
Example: sale of a property of EUR 500.000. 

  Notary fee: EUR 2.591,65 
  Administrative costs: EUR 800-1100 
  VAT: EUR 712,25-775,25 

Example: sale of a property of EUR 250.000. 

  Notary fee: EUR 2.448,66 
  Administrative costs: EUR 800-1100 
  VAT: EUR 682,22-745,22. 

Cf. supra, 3. Roles of professionals and 
services in the real estate market; 4.2 Sale 
contract and transfer of ownership 
Freely determinable. 

Notary 

Notary 

Certification of 
signatures  

Contract 
execution 
(transfer of 
payment and 
registration; 
transfer of 
property)  
Registration in 
Mortgage Register 
or similar device 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 
Help with the legal 
aspects of the 
transaction, especially for 
businesses. 
Legal certainty 

Cf. supra, 3. Roles of professionals and 
services in the real estate market. 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Cf. supra, 3. Roles of professionals and 
services in the real estate market; 4.2 Sale 
contract and transfer of ownership. 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 

Notary 
Registrar 

Cf. supra, 3. Roles of professionals and 
services in the real estate market. 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 

32 

 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 10: Contract of sale and transfer of ownership  

Taxation (esp. 
transfer tax) 

Notary as collector 
of Registration 
Office 

Fixed registration fee: EUR 220 (cf. infra, 9.3 
Taxes in the process of buying and selling a 
property). 
Cf. infra, 9.3 Taxes in the process of buying 
and selling a property. 

Cf. supra, 4.2 Sale contract and 
transfer of ownership 

Legal certainty 

     Information on the legal position  of  a  tenant occupying the dwelling to be sold.  In particular:  Does the rule emptio  non tollit locatum 
apply? If the rent is opposable to the buyer of the rented real estate, following publicity of the rent contract or bad faith of the buyer, then the buyer must 
respect the rent. Thus, emptio non tollit locatum applies in Belgium, but under specific conditions. 

5.3 

Professional services performed in the real estate market related to buying and selling a property 

Table 11: Professional services performed in the real estate market related to buying and selling a property 

Services in the real estate 
market 

Minimum standards for 
information provided by 
law, if applicable  

Service providers 
involved  

Quality of involvement  

Fees expressed: 

Estate agent services or 
alternative matching devices 

The obligation to provide 
parties with sincere 
information concerning a 
planned transaction. 
N/A 

Provision of mandatory 
information before the start 
of the transaction, if 
applicable 
Preliminary contract (usual)  Obligation to provide 

comprehensive advice and 
information on the content 
of the agreement and its 
legal consequences. 

• In EUR as % of total 
purchase price and 
• As a fixed amount (if 

available) 

Freely determinable. 
Common: 3% of the sales 
price, with costs added. 

Real estate agents 

Optional 

N/A 

N/A 

N/A 

Real estate agents 
Notary 

Optional: usual 
Optional: recommended 

Cf. infra, 9.1 Transaction 
costs of sample transactions 

33 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 11: Professional services performed in the real estate market related to buying and selling a property 

Preliminary checks 
(Mortgage Register, 
administrative permits) 

/ 

Drafting the sales contract 
and/or deed of conveyance 

Legal advice or counselling 

Certification of signatures  

Obligation to provide 
comprehensive advice and 
information on the content 
of the agreement and its 
legal consequences. 
Obligation to provide 
comprehensive advice and 
information on the content 
of the agreement and its 
legal consequences. 
/ 

Contract execution (transfer 
of payment; transfer of 
property)  
Registration in Mortgage 
Register or similar device 

/ 

Duty to respect the terms, 
sanctioned by personal 
liability of the notary. 

Notary 

Notary 

Optional: usual and 
recommended (the notary 
will do this automatically, 
when asked to draft the 
authentic deed). 
Mandatory (with the 
exception of ‘buying 
committees’ – comités 
d’achats/aankoopcomités). 

Cf. infra, 9.1 Transaction 
costs of sample transactions 

Cf. infra, 9.1 Transaction 
costs of sample transactions 

All actors involved in the 
transaction 

Optional 

Cf. infra, 9.1 Transaction 
costs of sample transactions. 

Notary 

Notary 

Notary 

Mandatory for the notary. 
S/he does not perform a 
mere certification of 
signatures, but proceeds to 
the authentication of the 
contract (legal validity and 
lawfulness of the date and 
content of the contract, and 
the identity of the signing 
parties). 
Mandatory for the notary 

Mandatory 

Cf. infra, 9.1 Transaction 
costs of sample transactions. 

Cf. infra, 9.1 Transaction 
costs of sample transactions. 

Cf. infra, 9.1 Transaction 
costs of sample transactions. 

Cf. infra, 9.1 Transaction 
costs of sample transactions 
and 9.3 Taxes in the process 
of buying and selling a 
property. 

34 

Taxation (esp. transfer tax)  Obligation to make sure 

Notary 

Mandatory 

that parties understand how 
much taxes will be levied on 
the transaction. 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

5.4  Creating a Mortgage  

Table 12: Mortgage requirements   

Main steps to create a 
mortgage 

Actors/institutions 
involved  

Minimum standards for 
information  

Fees expressed: 

• In EUR as % of total purchase 

Conclusion of credit and 
mortgage  agreement 
with lender (bank) 

Mortgage agreement: 
notary mandatorily 
involved 
The mortgage 
agreement 
constitutes a 
separate agreement 
from the sale 
agreement, although 
in most cases, both 
will be signed on the 
same day. 

Legal obligation to provide 
comprehensive advice and 
information on the content of the 
agreement and its legal 
consequences. 
Such an agreement is only 
opposable towards third parties as 
from the date on which the 
agreement has been registered 
with the competent Mortgage 
Register (and only authentic deeds 
and court decisions may be 
registered with this Register). 

Insertion of mortgage in 
the Mortgage Register, 
usually at first rank 

Notary 

Legal obligation to provide 
comprehensive advice and 
information on the content of the 
agreement and its legal 
consequences. 
Such an agreement is only 
opposable towards third parties as 
from the date on which the 
agreement has been registered 
with the competent Mortgage 
Register (and only authentic deeds 
and court decisions may be 
registered with this Register). 

Typical risks 
associated to these 
steps, if relevant 

Legal security 

Legal security 

price and 

• As a fixed amount (if available) 
The legal basis is the Royal Decree of 
December 16, 1950 on notary fees. A 
cost calculator is accessible through 
the Belgian notaries’ website 
www.notaire.be, in order to guarantee 
full transparency on the total amount 
of fees and taxes related to a real 
estate transaction. 
See below for examples: 9.1 
Transaction costs of sample 
transactions. 

The legal basis is the Royal Decree of 
December 16, 1950 on notary fees. A 
cost calculator is accessible through 
the Belgian notaries’ website 
www.notaire.be, in order to guarantee 
full transparency on the total amount 
of fees and taxes related to a real 
estate transaction. 
A fixed retribution must be paid to the 
Mortgage Register for the inscription 
of the mortgage: 

  Mortgage up to EUR 300.000: EUR 

210 

  Mortgage higher than EUR 300.000: 

EUR 900. 

35 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 12: Mortgage requirements   

Credit sum paid to 
mortgagor (buyer) or 
seller 

In practice, the bank 
will pay the money to 
the notary, who plays 
the role of an escrow 
agent. The notary will 
refuse to sign the 
deed, if s/he has not 
received all the funds 
to cover the 
transaction, unless 
parties agree to sign 
before any payment 
has been made. 

If the payment has not been made 
at the moment of the signature of 
the deed and this is mentioned in 
the deed itself, the registrar will 
register a privilege in favour of the 
unpaid seller in the Mortgage 
Register (art. 27, 1° Mortgage 
Act). Such privilege is mostly 
treated as a mortgage. 
If the price has been paid, the 
notary will discharge the registrar 
of his/her obligation to register this 
privilege. 

This cost will be included in the 
general fee of the notary. 

Legal security. 
Security of payment. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

6.  The process to rent or let a property 

6.1  Main steps in the transaction process to rent and let a property  

Table 13: Main steps of the process to rent and let a property 

Main steps 

Process involved 

Finding and matching 
landlords and tenants 
Information search by 
landlords or tenants 
(e.g. about salary, 
outstanding debts) 
Inspection of the 
property by tenants (in 
some cases with the 
help of professionals) 

Delivery of mandatory 
information to tenants 
prior to the conclusion 
of the contract (if 
relevant) 
Delivery of energy 
performance certificate 
to tenant 
Provision of additional 
guarantees to landlord, 
if relevant 

This preliminary part is often conducted by the parties themselves. However, landlords and tenants increasingly consult real 
estate agencies to help them in this part of the renting process. 
The parties are free to choose whether they conduct an information search themselves or whether they involve a real estate 
agent. 
Privacy rules must be obeyed at all time. 

It is quite common that the landlord or the real estate agent accompany the possible future tenant on an inspection of the 
house. Parties are free to define the concept of ‘inspection’, ranging from a mere visit to a thorough check-up of the real 
estate. 
The inspection of the property may be of specific importance, as it gives the interested tenant the opportunity to detect 
possible defects in the real estate and signal these to the landlord. When the rent contract is concluded, the landlord remains 
responsible for latent defects (art. 1721 Civil Code). 
N/A 

The energy performance certificate is communicated to the interested tenants. 

The tenant can be requested to provide a warranty to the landlord. The regulation of this warranty depends on the applicable 
regime.  
In common rent, contractual freedom applies. 
In residential rent, a strict set of rules has been elaborated as to the warranty (art. 10 residential Rent Act). This warranty 
must take one of the following forms: an individual account on the name of the tenant for maximum two months of rent (to be 
increased to three months in the Flemish Region, a new rule that depends upon the establishment of a social guarantee 
lending scheme), a bank warranty that enables the tenant to compose the warranty progressively (max. three months of 
rent), or a bank warranty that follows a standard contract between a Public Social Welfare Centre (‘OCMW’/’CPAS’). 

Conclusion of the 
contract in the usual 

  Residential rent must be in a written form (art. 1bis Residential Rent Act): this article adds an enumeration of information that 

must be contained in the contract and article 11 of the Residential Rent Act adds a series of addenda to this. 

37 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 13: Main steps of the process to rent and let a property 

form (e.g. oral, written, 
preformulated) 

  Commercial rent must be in a written form. 
  For common rent, article 1714 of the Belgian Civil Code stipulates that a rent that has not been executed yet can only be 

Rent payment and 
deposit (e.g. bank 
account) 
Registration of the 
contract in the 
Mortgage Register (e.g. 
excluded, optional or 
mandatory) 

Other steps  

proven in a written form, even below EUR 375, contrary to article 1341 of the Civil Code. 
Parties are free to determine how they wish to pay their rent. 
Cf. supra as to bank deposit/guarantee. 

Common rent of real estate must be registered at the Registration Office within 4 months of the conclusion of the contract. 
Residential rent must be registered within two months. No authentic deed is required for this registration. Registration renders 
the rent opposable to third parties (art. 1743 Civil Code).  
Under the common rent regime, it is possible to stipulate an eviction clause in the contract, which makes it possible to evict 
the tenant, even in case of registration of the contract, if the premise is sold (art. 1748 Civil Code), in which case the tenant is 
entitled to compensation. Under the commercial rent regime too, it is possible to stipulate an eviction clause in the rent 
contract, that makes eviction possible in case the premise is sold (art. 1748 Civil Code), but the rules of art. 12.1 Commercial 
Rent Act must be followed and the tenant is entitles to compensation (arts. 25 and 27 Commercial Rent Act). Under residential 
act, such clause is impossible. 
Even if the contract has not been registered, the Residential Rent Act stipulates minimally protecting rules in favour of the 
tenant as to eviction. In the end, however, eviction is even possible under the residential rent regime, if the contract has not 
been registered. This is also the case under the commercial rent regime (art. 12.2 Commercial Rent Act). 
If the rent has a duration exceeding 9 years, it must be published in the Mortgage Register to gain opposability towards third 
parties de bona fide (art. 1 of the Mortgage Act). This requires an authentic deed and the intervention of a notary. The same is 
true for contracts containing a discharge of at least three years of rent payments. If no publicity in the Mortgage Register has 
taken place, but the rent has been registered at the Registration Office, it is only opposable for a period of 9 years. 
It is compulsory in all regimes that an inventory of the real estate is made (art. 1730 Civil Code). This inventory must be 
detailed and it is possible that photos are added. It is important for the landlord that this inventory is made, as, when no 
inventory is made, a presumption applies that the tenant has received the real estate in the state of affairs as they are at the 
end of the rent. 

38 

 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Belgian law distinguishes between different kinds of rent. Each type of rent comes with a specific set of rules. Before renting or letting real estate, parties 
must assess really well, which type of rent is applicable on their situation. 

-  Residential rent: residential rent is applicable on rent of real estate by natural persons who will have their main residence in that real estate. A lot 
of specific rules and conditions exist in this respect, in order to protect the right to a residence that every person enjoys (Residential Rent Act). In 
principle, a residential act is concluded for 9 years. Parties may, however, conclude a rent for a longer fixed duration (art. 3, §7 Residential Rent Act), 
but not for a shorter duration (cf. infra for one exception). This term is prolonged by periods of 3 years, if parties do not explicitly repudiate the 
contract. Parties cannot end the contract earlier, unless a resignation clause has been included in favour of the tenant. However, it is possible to 
conclude a contract for three years, which may not be prolonged more than once by other three years (art. 3, §6 Residential Rent Act). Indexation 
of the rent is always possible, even if the contract does not provide this, unless the contract explicitly prohibits it (art. 6 Residential Rent Act) and 
follows the strict rules of art. 1728bis Civil Code. The monthly rent can be revised every three years (art. 7 Residential Rent Act). 

-  Within short time, the Brussels Capital Region will have its own residential rent regime. The Ordonnance establishing it has been published in the 
Belgian Official Gazette on 30th October 2017  and the Brussels Government will determine its entry into force in due time. However, most  of the 
provisions of the Ordonnance are very similar to those existing in the federal regime. However, contrary to what is the case under the Flemish regime, 
the Brussels regime does not increase the guarantee due by the tenant from 2 months to 3 months. 

-  Contrary to residential rent, parties can end the commercial rent by mutual agreement at all time. The tenant can repudiate the rent at the end of 
every 3 years, by a written notification within the 6 months prior to the end of those 3 years (art. 3.3 Commercial Rent Act). The landlord can only 
repudiate the rent in exceptional circumstances (art. 3.5 Commercial Rent Act). Indexation of the monthly rent can be stipulated in the contract and 
the rules of art. 1278bis Civil Code apply. The monthly rent can also be revised every 3 years (art. 6 Commercial Rent Act). The tenant has a lot of 
freedom to renovate the rented premise (arts. 7-9 Commercial Rent Act). At the end of the duration of the contract, the tenant has the right to ask 
renovation of the rent, by privilege, to continue his/her business and this for 4 times (art. 13 Commercial Rent Act). 

-  Social rent: a specific regime applies to people that do not have the financial means to obtain a rent on the common rent market. This regime does 

not receive additional attention in this questionnaire. 

-  Agricultural rent: a specific regime applies for the rent of agricultural land and premises. This regime does not receive additional attention in this 

questionnaire, either. 

-  Common rent: if none of the other regimes applies, the regime of the common rent is applicable. This is the regime from the original Civil Code (arts. 

1714 ff.) and it is the most liberal regime of all, in which parties enjoy most contractual freedom. 

Above and below, it is specifically stated to which regime a certain rule applies. If nothing is specified, the rule is applicable in all four regimes. 

39 

 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

6.2  Rent contract   

Table 14: Rent contract  

Main steps 

Actors involved 
per intermediate 
step 

Payment details25 
Payments 
expressed:  
• In EUR as % of 
total purchase 
price and 

• As a fixed amount 
if available (add if 
VAT applies) 

Finding and matching 
the parties 

Real estate agent 

Freely determinable 

Real estate agent 

Idem 

Private parties 
Real estate agent 

N/A 

N/A 

N/A 

Information search by 
landlord on tenant (e.g. 
about salary, 
outstanding debts) 
Inspection of the 
property by tenant (in 
some cases with the 
help of professionals) 
Delivery of mandatory 
information to tenant 
prior to the conclusion 
of the contract (if 
relevant) 
Delivery of energy 
performance certificate 
to tenant 

When is the 
payment made 

Freely 
determinable, 
usual after the 
transaction was 
closed 
Idem 

N/A 

N/A 

Typical risks associated to these steps, if relevant 

N/A 

False information must be avoided at all time. 
In addition, it is important to have correct information on 
the nature of the tenant, as this nature determines the 
applicable regime. 
It must be ensured that an interested tenant gets all 
relevant and correct information concerning the premise 
s/he is interested in. After all, the landlord is responsible 
for latent defects (art. 1721 Civil Code). 
N/A 

Real estate agent 

Freely determinable. 

N/A 

A future tenant must have the opportunity to know the 
Energy Performance of the real estate, in order to 
calculate his/her own future energy costs. 

25 Payment shall be considered as the ‘discharge of an obligation by its settlement equal to the monetary value of the debtor’s obligation’ while fees can be defined as ‘a charge for services 
rendered’ (Retrieved from: http://www.investorwords.com/3634/payment.html, http://www.investorwords.com/1922/fee.html). Payment, therefore, includes both the cost of the service and 
the fees for the service in question.  

40 

 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 14: Rent contract  

Conclusion of the 
contract in the usual 
form (e.g. oral, written; 
if written) 

Rent payment and 
deposit (e.g. bank 
account) 

Written 
Real estate agent 
Lawyer 
Notary (mandatory 
if authentic deed 
required for 
publicity in the 
Mortgage Register) 
Private parties 
Real estate agent 

Registration of the 
contract in the 
Mortgage Register or 
other device (excluded, 
optional or mandatory) 

Registration at the 
Registration Office: 
parties themselves, 
lawyer, notary. 
Registration in the 
Mortgage Register: 
notary. 

Freely determinable. 
However, a notarial 
fee applies as 
stipulated by law. 

N/A 

Parties can freely 
determine when 
the rent is to be 
paid. In most 
cases, this is at 
the end of a fixed 
period of time, 
often monthly. 
The rent deposit is 
to be paid in the 
beginning of the 
contract. 

After the 
transaction 

The rent can be freely 
determined. 
The same is true for 
the rent deposit under 
common rent. 
However, under 
residential rent, the 
rent deposit is subject 
to a very strict set of 
rules (cf. supra, 
Provision of additional 
guarantees to 
landlord, if relevant). 
Registration at the 
Registration Office 
duty: 0.20% (cf. infra, 
9.4 Taxes during the 
renting and letting a 
property). 
Registration in the 
Mortgage Register 
duty: EUR 220. 

Obviously, the most typical risk in this respect is the non-
payment of the rent. In the case the tenant persists in 
not paying the due rent, the landlord can start a legal 
procedure (cf. infra, 10.2 Consumer complaints). 

All terms need to be respected. 
Registration is very important as to the opposability of 
the rent contract to third parties: this is quintessential in 
the case of a sale of the rented real estate (cf. supra, 3. 
Roles of professionals and services in the real estate 
market). 

41 

 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

6.3  Professional services performed in the real estate market related to renting and letting a property 

Table 15: Professional services performed in the real estate market related to renting and letting a property 

Services in the real estate 
market 

Minimum standards for information 
provided by law, if applicable  

Service 
providers 
involved  

Quality of 
involvement (e.g. 
mandatory; exclusive 
rights) 

Fees expressed: 

• In EUR as % of total 
purchase price and 
• As a fixed amount (if 

Finding and matching landlords and 
tenants 

Information search by landlords or 
tenants (e.g. about salary, 
outstanding debts) 
Inspection of the property by 
tenants (in some cases with the 
help of professionals) 

Delivery of mandatory information 
to tenants prior to the conclusion of 
the contract (if relevant) 
Conclusion of the contract in the 
usual form (e.g. oral, written, 
preformulated) 

Legal obligation to provide comprehensive 
advice and information on the content of 
the agreement and its legal consequences. 
Legal obligation to provide comprehensive 
advice and information on the content of 
the agreement and its legal consequences. 
Legal obligation to provide comprehensive 
advice and information on the content of 
the agreement and its legal consequences. 
Specific advice as far as defects are 
concerned. 
N/A 

Legal obligation to provide comprehensive 
advice and information on the content of 
the agreement and its legal consequences. 

Rent payment and deposit (e.g. 
bank account) 

Registration of the contract in the 
Mortgage Register (e.g. excluded, 
optional or mandatory) 

It is possible that the real estate agents 
play the role of an intermediate party for 
the landlord to receive the rent. 
Respects the terms of registration at both 
the Registration Office and the Mortgage 
Register.  

Real estate 
agents 

Optional 

Real estate 
agents 

Optional 

Real estate 
agents 

Optional 

available) 

Freely determinable 

Freely determinable 

Freely determinable 

N/A 

N/A 

N/A 

Real estate 
agents 
Notaries 
Lawyers 
Real estate 
agents 

Real estate 
agents 
Notaries 

Optional 

Optional 

Notaries have the 
exclusive right to 
establish an authentic 
deed that can be 
published at the 
Mortgage Register. 

Freely determinable 
The notarial fees, however, 
are subject to the same 
rules as mentioned above. 
Freely determinable 

Freely determinable 
The notarial fees, however, 
are subject to the same 
rules as mentioned above. 

42 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

7.  Professional services regulation: notaries  

7.1  Market entry and structure regulation 

 Table 16: Market entry and structure regulation 

Subjective 
requirements 

Regulation 

Qualifications (diplomas, 
exams, concours) required 
to become a notary in your 
country: 

In order to qualify as a notary, one must fulfil the following educational conditions: 

  University notarial studies, requiring a master degree in law and an additional advanced master 

degree in notarial studies; 

  Professional training with a notary for, in principle, three years; 
  State reviewed comparative exam. 

Objective 
requirements  

Do numerus clauses and 
other objective requirements 
exist?  

Citizenship 
requirements 

Inter-professional 
cooperation 

Business structure  

Geographical 
limitations 

Are foreign candidates 
admitted de iure and also de 
facto under the same 
conditions as nationals? 
Are forms of collaboration 
between notaries and other 
professionals allowed and 
usual?  
Are notary 
associations/corporations 
allowed? 
Are there limitations with 
respect to the area in which 
the notary can exercise 
his/her activities (e.g. at the 
regional or municipal level)?  
Are these limitation 
restricted to specific tasks? 

In Belgium, a strict numerus clausus exists as to the number of notaries that are allowed and their 
place of establishment. This is regulated by the State in order to ensure a minimal presence of 
notaries on Belgian territory (justice de proximité). This means that a candidate-notary – the title 
one obtains after fulfilling the educational conditions – must be appointed by the Minister of 
Justice and the appointment is published in the Belgian Official Gazette. 
EU citizenship 

Inter-professional cooperation is permitted under the form of nominal partnerships 
(middelenvennootschap/sociétés de moyens). 

Notary associations/corporations are allowed, the only restriction being that the partnership may 
not take the form of a company with share capital (“kapitaalvennootschap”/“société de capitaux”) 
(article 50, § 3 Notary Act).   
As a public officer, the notary is competent for all transactions from Belgium or abroad, but s/he 
may only establish authentic deeds within the administrative area (“arrondissement”) in which 
his/her office is located.   

Establishing authentic deeds. 

43 

 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

7.2  Market conduct regulation 

Table 17: Market conduct regulation 

Exclusive rights  

Duty to provide 
services 

Professional 
standards 

Mandatory 
intervention 

Compulsory 
indemnity insurance 

Regulation 

Specify for which 
transactions or parts of 
them only notaries may 
act against payment. 
Are notaries allowed to 
refuse a request to act? 

How are professional 
standards regulated? 
What are the tasks of the 
professional 
representation (e.g. 
Chamber of Notaries) in 
this context? 
The intervention of a 
notary is required for the 
registration procedure 
Is indemnity insurance 
compulsory? If yes, what 
is the indicative amount 
of the insurance?   

There is no mandatory intervention of a professional for the drafting of the preliminary sales 
contract. However, the intervention of a notary is required to draft an authentic deed, which is 
necessary to make the transfer opposable to third parties through registration with the Mortgage 
registry office. 
The notary is under legal duty to provide his/her services to all requesting parties complying with the 
conditions. S/he may only refuse to render service on specific grounds, e.g. in case of illegal 
requests, clauses in the deed that violate third parties’ rights, legal non-competence, etc. 

The notaries must obey a strict deontological code. 
The competent provincial Chamber of notaries has a duty to check the standards on quality 
management in the notarial offices (and to intervene when necessary), and to start up complaint 
proceedings against notaries.  
Complaints about notaries are dealt with in the notarial Chambers and the competent Courts. Since 
2015, and following the EU directive on ADR, an independent structure (Ombudsman) was approved 
and recognised by the Department of Economic Affairs (www.ombudsnotaire.be). 
Cf. supra, 3. Roles of professionals and services in the real estate market. 

There is a compulsory professional indemnity insurance, with a minimum coverage of 5,000,000 EUR 
(imposed by law).   

Continuing education   Do forms of continuing 

Advertising 
restrictions 
Fee regulation 

education exist? If yes, is 
continuing education 
mandatory? 
Are there limitations on 
advertising? 
Notary fee system 

Yes, this is mandatory. Every year, the notary must obtain a certain number of credits awarded by 
the Royal Federation of the Belgian Notariat, by following legal conferences, for instance organised 
by a university. 

There are no general advertising restrictions.  However, there is a Royal decree of July 1, 2006 on 
advertisement and communication.   
The legal basis is the Royal decree of December 16, 1950 on notary fees. A cost calculator is 
accessible through the Belgian notaries’ website www.notaire.be, in order to guarantee full 
transparency on the total amount of fees and taxes related to a real estate transaction.  

44 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

8.  Professional services regulation: lawyers or other licensed conveyancers (only relevant if legally admitted to perform real 

estate transactions and/or to assist the conclusion of tenancy agreements)  

8.1  Market entry and structure regulation 

 Table 18: Market entry and structure regulation 

Regulation 

Subjective 
requirements 

Conditions (diplomas, exams, 
concours) required to become a 
lawyer in your country. 

  Obtain a Master Degree in Law. 
  Enrol at a Belgian bar. 
  Three years of professional training with a lawyer. During this training, you are already a 

lawyer, but you cannot perform the profession independently. 

  During the training, the trainee must: fulfil pro deo-duties, follow advanced courses organised 

by the bar and pass an annual exam organised by the bar. 

Objective 
requirements  
Citizenship 
requirements 

Inter-professional 
cooperation 

Business structure  

Geographical 
limitations 

Do numerus clauses and other 
objective requirements exist?  
Are foreign candidates admitted 
de iure and also de facto under 
the same conditions as 
nationals? 
Are forms of collaboration 
between lawyers and other 
professionals allowed and usual?  
Are lawyer 
associations/corporations 
allowed? 
Are there limitations with respect 
to the area in which the lawyer 
can exercise his/her activities 
(e.g. at the regional or municipal 
level)?  
Are these limitation restricted to 
specific tasks? 

No numerus clausus applies: the number of lawyers is completely free in Belgium. 
However, at the Court of Cassation, a numerus clausus of 20 lawyers exist in civil matters. 
EU citizenship 

Yes, these are perfectly possible and very usual. 

Yes, lawyers associations are allowed and very common. 

No 

/ 

45 

 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

8.2  Market conduct regulation 

Table 19: Market conduct regulation 

Exclusive rights  

Neutrality 

Duty to provide 
services 
Professional 
standards 

Compulsory 
indemnity insurance 

Regulation 

For which transactions 
or parts of them only 
lawyers may act against 
payment 
Is the lawyer allowed to 
act on behalf of both 
parties involved in the 
transaction? In this 
case, what type of fees 
apply and which party 
has to bear them? 
Are lawyers allowed to 
refuse a request to act? 
How are professional 
standards regulated? 
What are the tasks of 
the professional 
representation (e.g. 
Chamber of 
Lawyers/Advocates) in 
this context? 
Is indemnity insurance 
compulsory? If yes, 
what is the indicative 
amount of the 
insurance?   

Continuing education   Do forms of continuing 
education exist? If yes, 
is continuing education 
mandatory? 
Are there limitations on 
advertising? 

Advertising 
restrictions 

Only lawyers can defend a person in court, when that person does not want to defend him/herself. 

The lawyer works independently for one party, the client. S/he must be aware that no conflicts of 
interest arise. 

Yes. In some cases, they are even obliged to do this, for instance in case of conflicts of interests. 

The advocates are subject to general deontological and legal duties. These duties are not different in 
real estate transactions from any other of their activities. 
Complaints are dealt with by the Deontological Commission of the Order of Lawyers and by the courts. 
Since 2016, an independent structure (Ombudsdienst, named Ligeca) was created in order to mediate 
between lawyers and consumers in case of a conflict. 

All lawyers must be a member of the Bar and that membership also covers a basic indemnity insurance 
(with a coverage of EUR 1.250.000). 
Non-Belgian EU-citizens must have a similar insurance or prove that they have one in their Member 
State of origin (art. 61 of the Deontological Code). 

Yes, this is obligatory. Every year, the lawyer must obtain a certain number of credits awarded by the 
Bar, by following legal conferences, for instance organised by a university. 

In principle, advertising is allowed. However, lawyers must respect certain specific rules: the publicity 
must be clear, no success rates may be mentioned, the publicity may not specifically aim at luring 
away other lawyers’ clients, etc. (arts. 82 ff Deontological Code) 

46 

 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 19: Market conduct regulation 

Fee regulation 

Lawyer fee system 

In principle, lawyers are free to determine their fee. However, they have the deontological duty to do 
this in a reasonable way. In addition, following European rules, the clients must be aware of the 
applied fees (per hour/per task) anterior to the concluding of the agreement. 
Parties pay their own lawyers and success fees are forbidden. However, the Belgian legislator has 
introduced a scheme according to which the winning party can claim a flat-rate amount of money 
(‘rechtsplegingsvergoeding’/’indemnité de procédure’), depending on the worth of the claims, that is 
supposed to cover the fees the client has paid to the lawyer. These flat-rate amounts, however, do not 
necessarily reflect the actual fees that have been paid. 

47 

 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

9.  Professional services regulation: estate agents 

9.1  Market entry and structure regulation 

Table 20: Market entry and structure regulation 

Regulation 

Subjective 
requirements 

Qualifications (level and duration of education and 
training, diplomas, exams, traineeships or 
professional experience requirements, concours) 
required to become an estate agent in your country.  

In order to qualify as a real estate agent, one must fulfil certain conditions26: 

  A degree in real estate or an equivalent degree; 
  Succeeding in the expertise test organised by the Professional Institute of Real 

Estate Agents 27; 

  One year of professional training as a trainee with a licensed real estate agent; 

Passing a second competence test organised by the Professional Institute of Real 
Estate Agents: 

  A license of the Professional Institute of Real Estate Agents; 
  The activity can also be undertaken in the form of a legal person, provided that 
the natural persons engaged in this legal person fulfil all the aforementioned 
conditions. 
Equivalent requirements exist for nationals of another Member State of the 
European Union who wish to be active as a real estate agent in Belgium. 
No numerus clausus exists. 

A license must be obtained from the Professional Institute of Real Estate Agents. 

EU citizenship 

Objective 
requirements  
Licence 
requirements 
Citizenship 
requirements 

Do numerus clauses and other objective 
requirements exist?  
Are estate agents licenced or do they work as 
employees? 
Is unlimited access to the profession granted to 
foreign professionals de iure and de facto? 

Inter-
professional 
cooperation 
Geographical 
limitations 

Are estate agents allowed to exercise another 
profession or business activity? Is inter-professional 
cooperation regulated?  

  Are there limitations with respect to the area in which 
the estate agent can exercise his/her activities (e.g. 
at the regional or municipal level)?  

Yes, this is allowed. Examples are known of real estate agents also running a 
bank office, for instance. 
Interprofessional cooperation is perfectly possible and happens regularly. 
No 

  Are these limitation restricted to specific tasks? 

/ 

26 See for these conditions: the Act of 11 February 2013 organising the profession of real estate agent, Belgian Official Gazette 22 August 2013. 
27 www.biv.be.  

48 

 
 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

9.2  Market conduct regulation 

Table 21: Market conduct regulation 

Neutrality 

Regulation 

Is neutrality regulated? Is 
the agent allowed to act on 
behalf of both parties 
involved in the transaction? 
In this case, what type of 
fees applies and which party 
bears these? 

Professional standards  How are professional 

standards regulated? Are 
entities or associations 
ensuring the professional 
representation and respect 
of rules of good practice 
(e.g. association of real 
estate professionals)? 
Is indemnity insurance 
compulsory for estate 
agents? If yes, what is the 
indicative amount of the 
insurance?   

Compulsory indemnity 
insurance 

Continuing education   Do forms of continuing 

education exist? If yes, is 
continuing education 
mandatory? What are the 
requirements related to the 
content and duration of 
continuing education? What 
are the consequences of 
non-compliance? 

It is possible and quite common for real estate agents to work for both (all) parties involved in 
the transaction, as they also match the parties. 

Real estate agents operate within a stringent legal framework, meant to protect the mostly 
private parties that engage them. 
They must respect the Deontological Code, approved by Royal Decree, of the Professional 
Institute of Real Estate Agents, non-observance of which can be disciplinary sanctioned by the 
Institute, in addition to possible civil and criminal legal sanctions. 

An indemnity insurance that covers a fixed minimum of risks for a fixed minimum amount is 
compulsory. The following minimum coverage is required: EUR 1.250.000 for physical damage 
and immaterial consequential damage, EUR 250.000 for material damage and immaterial 
consequential damage, EUR 250.000 for purely immaterial damage, EUR 30.000 for theft by 
personnel or third parties, EUR 250.000 for the guarantee insurance. 
In addition, real estate agents must provide a financial security for the funds the real estate 
agents hold as escrow, the minimum of which is EUR 250,000. 
Finally, they must open a specific escrow account. 
Most real estate agents voluntarily follow permanent education on the various aspects of their 
profession, as recommended by the Deontological Code, although this is not strictly required. 

49 

 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 21: Market conduct regulation 

Advertising restrictions  Are there limitations on 

No 

Fee regulation 

advertising? 
Estate agents’ fee system 

Compulsory 
membership in 
professional 
bodies/compulsory 
registration 

Is membership in 
professional bodies 
compulsory? If so, what are 
the membership conditions 
and the membership fees? 
Does the professional body 
have a supervisory or 
another important 
regulatory role? 

Real estate agents are free to determine their own fee. 
A fee of 3% to 5 % of the sales price is common. In smaller transactions, however, this can be 
replaced by a fixed price. 
In addition to this fee, many real estate agents will reimburse certain costs made for the sale of 
the good from the buyer, for instance advertisement costs. 
Yes, membership of the Professional Institute of Real Estate Agents is compulsory. 

50 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

10. 

The real estate market 

10.1  Transaction costs for sample transactions 

Table 22: Transaction costs VAT excluded   

€100,000 sales price 
(no mortgage) 

Estate agent 28 

Freely 
determinable 
(usually 3-5% of 
the sale price). 
On average: EUR 
3.000 – 5.000 

Technical 
services (if 
usual) 
/ 

Legal services  Mortgage 

Register fee 

Notarial fee: 
1.593,66 EUR 

Fixed fee: 
EUR 220 

€100,000 sales price 
+ 100.000€ 
mortgage 

/ 

Freely 
determinable. 
On average: EUR 
3.000 – 5.000 

Notarial fee: 
1.593,66 EUR 
+ 674,52 EUR 

EUR 220 
+ additional 
fixed fee: EUR 
210 

€250,000 sales price 
(no mortgage) 

/ 

Freely 
determinable. 
On average: EUR 
7.500 – 12.500 

Notarial fee: 
2.448,66 EUR 

Fixed fee 
EUR 220 

Total usual transfer costs  

Depends on the number of pages 
of the deed. 

Depends on the number of pages 
of the deed. 

Depends on the number of pages 
of the deed. 

Transfer 
tax/stamp 
duty 
Flemish Region 
(10%): EUR 
10,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
12,500 
Flemish Region 
(10%): EUR 
10,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
12,500 
+ 1%: EUR 
1,000 
Flemish Region 
(10%): EUR 
25,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
31,250 

28 An agent usually receives a percentage of the transaction value.  

51 

 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 22: Transaction costs VAT excluded   

€250,000 sales price 
+ 250,000€ 
mortgage 

/ 

Freely 
determinable. 
On average: EUR 
7.500 – 12.500 

Notarial fee: 
2.448,66 EUR 
+ 1.005,29 EUR 

EUR 220 
+ additional 
fixed fee: EUR 
210 

€500,000 sales price 
(no mortgage) 

Freely 
determinable. 
On average: EUR 
15.000 – 25.000 

€500,000 sales price 
+ €500,000 
mortgage 

Freely 
determinable. 
On average: EUR 
15.000 – 25.000 

/ 

/ 

Notarial fee: 
2.591,65 EUR 

Fixed fee: 
EUR 220 

Notarial fee: 
2.591,65 EUR 
+ 1.130,69 EUR 

EUR 220 
+ additional 
fixed fee: EUR 
900 

%VAT applicable 

21 % 

/ 

21 % 

/ 

Flemish Region 
(10%): EUR 
25,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
31,250 
+ 1%: EUR 
2,500 
Flemish Region 
(10%): EUR 
50,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
62,500 
Flemish Region 
(10%): EUR 
50,000 
Brussels Capital 
Region and 
Walloon Region 
(12,5%): EUR 
62,500 
+ 1%: EUR 
5,000 
/ 

Depends on the number of pages 
of the deed. 

Depends on the number of pages 
of the deed. 

Depends on the number of pages 
of the deed. 

21 %, but only on legal services 

52 

 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

10.2  Transaction features 

Table 23: Transaction features 

Transaction / service  

Party bearing the costs of 
intermediation service (buyers 
or sellers, landlords or tenants)  
Costs expressed: 

• In EUR as % of total 
purchase price and 
• As a fixed amount (if 

available) 

Fees as expressed in the contract: 

• In EUR as % of total purchase price and 
• As a fixed amount (if available)  

Possible hidden costs 
faced by buyers or 
tenants, if applicable 

Estate agents 

Technical services 

Sellers 
Landlords 
Sellers 
Landlords 

Legal services 

The party that involves the legal 
counsel 

Freely determinable. 

The fees for the various technical services mentioned 
above depend upon the nature of the service and are 
highly variable. 
Freely determinable. 

Mortgage Register fees 

Buyer/Tenant 

Fixed retribution:  

Transfer taxes 
(registration tax) 

Buyer 
Tenant 

  EUR 220 for transfer of ownership and limited real rights, 

except mortgage 

  EUR 210 for mortgage up to EUR 300.000 
  EUR 900 for mortgage higher than EUR 300.000. 

Cf. infra, 9.3 Taxes during the process of buying and 
selling a property 
Cf. infra, 9.4 Taxes during the process of renting and 
letting a property. 

N/A 

N/A 

N/A 

N/A 

N/A 

53 

 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

10.3  Taxes during the process of buying and selling a property 

Table 24: Taxes related to buying and selling a property 

Registration tax29 

Relevance  of  the 
tax 
Yes 

When  to  pay  the  tax  as  part  of  the 
process of buying or selling 
The tax is levied upon the registration of 
the authentic deed at the Registration 
Office.  

Tax amount (expressed in EUR as % of total purchase 
price and as a fixed amount if available) 
Flemish Region: 10% 
Brussels Capital Region and Walloon Region: 12,5% 
Lower registration rights apply for the granting of specific 
real rights, such as a mortgage (1% of the guaranteed 
amount) or a long lease (‘emphyteusis’) or building right 
(‘superficies’) (2%). Many exceptions exist as to the exact 
amount of registration right levied. The registration right is 
calculated on the basis of the sales price or, in case, these 
are not the same, the real value of the real estate. Thus, the 
authorities prevent fraudulent behaviour. 
1% of the guaranteed amount 

Mortgage tax 

Cadastral tax 

Yes 

No 

Only if a mortgage is constituted. 

N/A 

N/A 

However, every person who owns real 
estate in Belgium has to pay tax on it. For 
this purpose, the concept of Cadastral 
Income has been developed: the ‘CI’ is 
the esteemed average annual income a 
person is supposed to obtain by the fact of 
having the possibility to use the real 
estate. The CI is, independent from any 
real estate transaction, added to the 
taxable income of private and professional 
parties; insofar they use the real estate 
themselves. However, if this is the first 
residence of private parties, no tax is due 
on this income. The Cadastral Income is 
also applied to calculate the fixed tax 
deduction on real estate income. 

29 Registration taxes are public levies associated with the registration act. They are not to be confused with registration fees, i.e. the payment required by the registration office to carry out the 
registration. Registration fees are contained in Table 10. 

54 

 
 
 
                                                
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

Table 24: Taxes related to buying and selling a property 

Stamp tax 

Capital gains tax 

Yes 

Yes 

In principle: EUR 50. 

33% or 16,5% 

In principle 33%, but many exceptions exist to this tariff. 

A stamp tax is levied every time the 
notary drafts an authentic deed. 
Private parties are only obliged to pay a 
capital gains tax on the excess value of 
their real estate, if they sell it within 5 
years (buildings) or 8 years (plots of land) 
after the acquisition. In addition, however, 
a tax is levied if the real estate operation 
is considered to be purely speculative, i.e. 
outside the framework of operation a 
normal household would undertake. 
Professional parties are due tax on the 
excess value of their real estate in all 
cases, as this plus-value is considered to 
be part of their profit. However, a series 
of exceptional procedures exists to this 
extent, for instance in case of 
reinvestment (the so-called ‘roll-over-
relief’). 

55 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

10.4 Taxes during the process of renting and letting a property 

Table 25: Taxes related to renting or letting a property 

Registration tax 

Relevance of 
the tax 
Yes 

Stamp tax 

Other taxes concerning 
the use of the property, 
if applicable 

Yes 

Yes 

When to pay the tax in the process of 
renting or letting 
The registration tax is levied upon the 
registration of the rent agreement. 

Tax amount (expressed in EUR as % of total purchase 
price and as a fixed amount if available) 
In principle: 0,20% of:  

  Rent of fixed duration: all the future rent and other duties of 

the tenant; 

  Rent of open duration: 10 times the annual rent and other 

A stamp tax is levied every time the 
notary drafts an authentic deed. 
An income tax is levied on the rent the 
landlord receives, if s/he is a private party 
who rents real estate out to a professional 
party. This is not the case if they rent it 
out to another private party, in which case 
only the Cadastral Income is added to the 
landlord’s personal income tax base.  
If professional parties rent their real 
estate out, the Cadastral Income is 
replaced by the real rent income. 

duties of the tenant, except if the minimal duration of the rent 
is longer (in that case all the future rent and other duties 
during that minimum duration).  
In principle: EUR 50 

This depends on the tariff of the income tax of the landlord: in 
Belgium, a progressive income tax is applied for natural 
persons. This income tax is (for income year 2016): 0% (EUR 
0-11.070), 30% (EUR 11.070,01-12.720), 40% (EUR 
12.720,01-21.190), 45% (EUR 21.190,01-38.830) and 50% 
(from EUR 38.830,01). 
The previous paragraph is applicable on professional parties-
natural persons. For legal persons, the income tax tariff is (in 
principle) 33,99%.  

A variety of taxes is applicable on real estate and real estate transfers in Belgium. 

The Cadastral Income as part of the income tax, firstly, has already been mentioned. This is, independent from any real estate transaction, added to the 
taxable income of private and professional parties; insofar they use the real estate themselves. However, if this is the first residence of private parties, no 
tax is due on this income. The Cadastral Income is also applied to calculate the fixed tax deduction on real estate income. If private parties rent their real 
estate out to a professional party, the Cadastral Income is replaced by the real rent income. This is not the case if they rent it out to another private party. 
If professional parties rent their  real estate out, the  Cadastral Income is replaced by the real rent income.  In addition, the  Cadastral  Income is used to 
calculate the immovable withholding tax levied by the Region. The provinces can levy an additional tax, calculated on the basis of the immovable withholding 
tax. 

56 

 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

The  registration  right,  too,  secondly,  has  already  been  mentioned  above.  This  registration  right  is  due  on  every  transfer  of  real  estate,  be  it  via  sale, 
contribution to a society, donation, etc. The exact registration rights vary per Region: for the sale of real estate, Flanders levies 10%, Brussels and Wallony 
12,5%.  Lower  registration  rights  apply  for  the  granting  of  specific  real  rights,  such  as  a  mortgage  (1%  of  the  guaranteed  amount)  or  a  long  lease 
(‘emphyteusis’)  or  building  right  (‘superficies’)  (2%).  Many  exceptions  exist  as  to  the  exact  amount  of  registration  right  levied.  The  registration  right is 
calculated  on  the  basis  of  the  sales  price  or,  in  case  these  are  not  the  same,  the  real  value  of  the  real  estate.  Thus,  the  authorities  prevent  fraudulent 
behaviour. 

Thirdly, capital gains taxes may apply. Private parties are only obliged to pay a capital gains tax on the excess value of their real estate, if they sell it within 
5 years (buildings) or 8 years (plots of land) after the acquisition. In addition, however, a tax is levied if the real estate operation is considered to be purely 
speculative, i.e. outside the framework of operation a normal household would undertake. Professional parties are due tax on the excess value of their real 
estate in all cases, as this plus-value is considered to be part of their profit. However, a series of exceptional procedures exists to this extent, for instance 
in case of reinvestment (the so-called ‘roll-over-relief’). 

Finally,  the  municipalities  too,  can  levy  taxes  on  real  estate.  Examples  of  these  are  the  second  residence  tax,  levied  by  Flemish  coast  cities  on  holiday 
residences, or the sewer tax, which is paid because of the connection of the real estate to the sewer network.  

Additionally, it must be noted that the Belgian government has created specific corporate vehicles for real estate. The most recent initiative in this respect 
is the Specialised Real Estate Investment Fund (‘GVBV’/’FIIS’), which is currently being created: this will be a real estate fund for institutional investors that 
offers a lot of flexibility and possibilities, also – especially – from an international perspective. These vehicles are (will be) subject to an exceptional, more 
beneficial tax regime. 

57 

 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

11. 

Consumer situation in the market 

11.1  Consumer rights 

Table 26: Consumer rights 

Are there specific consumer rights in 
the context of real estate transactions 
and residential tenancies in your 
country?  
In particular: are residential tenants 
treated as consumers? 

With respect to buyers 

With respect to sellers 
With respect to tenants   The specific residential rent regime can be considered as a consumer rent regime that 

Buyers are in some cases regarded as consumers, that are granted additional 
protection: e.g. the ‘Breyne-Act’ (cf. supra , 1.2 National legislation) 
N/A 

With respect to 
landlords 

specifically protects the consumer. 
N/A 

If relevant, which existing marketing 
practices are non-compliant with 
national consumer legislation? 

If relevant, which existing marketing 
practices are non-compliant with EU 
consumer legislation? 
Are there existing marketing practices 
detrimental to consumers, even if not 
necessarily illegal, in both domestic 
and cross-border transactions? 

  The Professional Institute for Real Estate Agents conducts very strict control on who bears the name of real 
estate agent. Every year, they identify various practitioners that use this name illegally, which constitutes a 
danger for the consumer. In the first three semesters of 2017 alone, the Institute obtained 27 judicial decisions 
removing such illegal practitioners from the market. 
In some cases, landlords try to obtain a larger rent guarantee than is permitted under residential rent (cf. supra, 
5.1 Main steps in the transaction process to rent and let property). Such practices are strictly forbidden, 
although it must be admitted that landlords sometimes attempt to make use of a loophole in the rules. 
In general, the rules concerning the EPC are well obeyed in Belgium. In 2016, 98% of the controlled 
transactions mentioned the EPC, which is obligatory for both selling and letting transactions. 
N/A 

N/A 

58 

 
 
 
 
 
 
 
 
 
 
 
Consumer market study on the functioning of the real estate services for consumers in the EU – Country Fiche Belgium 

11.2  Consumer complaints  

Table 27: Consumer complaints 

How often do buyers and sellers 
complain due to arising legal issues (e.g. 
invalid contract, missing information, 
hidden defects, missing building permit, 
delay in payment)? 

How often do tenants and landlords 
complain due to arising legal issues (e.g. 
invalid contract, missing information, 
increase of rent, termination of the 
contract without proper notice)? 

Are consumer complaints against a 
professional service provider frequent, in 
particular as regards the fees and quality 
or service? 
To whom can consumers complain (e.g. 
local or national administration, 
consumer protection agencies)? And 
through which means (e.g. formal letter, 
online form)? Is the procedure effective 
(in particular: average time needed for 
reply, solutions available for redress)? 

It happens regularly that a legal conflict arises between buyers and sellers. Such matters are judged by the 
regular courts and tribunals. Various issues can lie at the basis of this conflict: 

  Many disputes between buyers and sellers concern hidden defects of the real estate (arts. 1641 ff of the 

Belgian Civil Code). It is up to the judge to solve such disputes. 

  A delay in payment or even non-payment happens regularly. However, in most cases, this problem is solved 
by the fact that the sale agreement is concluded under the suspensive condition of the acquisition of a credit 
by a bank. If the bank does not provide the credit and the buyer cannot pay the price, then the agreement 
will be deemed not concluded. Moreover, notaries will, in most cases, refuse to pass the authentic deed of 
the sale agreement, as long as they have not received the price on their escrow account. 

  Every now and then, a case comes before the judge in which a seller refuses to appear before the notary in 
order to pass the authentic deed. The reason for this is often the fact that s/he has found a buyer willing to 
pay a higher price. However, the first agreement is binding upon the seller. In this case, the buyer can 
obtain a judgment obliging the seller to go to the notary and make the authentic deed pass. 
This happens quite often. It is the Justice of Peace who is competent for conflicts between tenants and 
landlords. Most conflicts concern: 

-  A delay in payment or non-payment of the rent; 
Former tenants refusing to leave the real estate; 
- 
Landlords refusing to make the necessary reparations and/or modernisations to the real estate; 
- 
-  Tenants damaging the real estate and not fulfilling their duty of care; 
- 

Landlords or tenants terminating the rent agreement too early without the legal justification for this 
termination or without respecting the notification requirements; 

-  Tenants subrenting the real estate, whereas this is forbidden; 
-  Tenants not respecting the purposes of the rented real estate (e.g. conducting a business in 

residential real estate). 

N/A 

Complaints about real estate agents: Professional Institute of Real Estate Agents. 
Complaints about notaries are handled by the notarial Chambers and the competent Courts. In addition, an 
ADR organisation has been created (cf. supra). 
Since 2015 and following the EU Directive on ADR, an independent structure (Ombudsman) was approved 
and recognised by the Ministry of economy (www.ombudsnotaire.be). 

59 

HOW TO OBTAIN EU PUBLICATIONS 

Free publications:  

•  one copy:  

via EU Bookshop (http: //bookshop.europa.eu); 

•  more than one copy or posters/maps:  

from the European Union’s representations (http: //ec.europa.eu/represent_en.htm);  
from the delegations in non-EU countries (http: 
//eeas.europa.eu/delegations/index_en.htm);  
by contacting the Europe Direct service (http: 
//europa.eu/europedirect/index_en.htm) or calling 00 800 6 7 8 9 10 11 (freephone 
number from anywhere in the EU) (*). 

(*)  The information given is free, as are most calls (though some operators, phone boxes or hotels may 
charge you). 

Priced publications:  

•  via EU Bookshop (http: //bookshop.europa.eu). 

 
 
 
 
 
 
 
 
E
B
-
0
3
-
1
8
-
0
1
1
-
E
N
-
N

doi: 10.2818/704230