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A Real Estate Contract under Belgian law is a binding agreement for buying, selling, or transferring property rights. It starts with a preliminary agreement (compromis de vente/verkoopcompromis) and culminates in a final deed signed before a notary. This initial document locks both parties into the transaction and outlines key terms like price, payment schedule, and closing date.

The contract must include precise property details, cadastral references, and any specific conditions required by Belgian Civil Code. Once signed, buyers typically pay a 10% deposit, and both parties have a legally mandated 4-month period to complete the final sale deed. The document also addresses urban planning certificates, soil certificates, and energy performance scores - all mandatory under Belgian regional regulations.

You need a Real Estate Contract any time you're buying, selling, or transferring property rights in Belgium. This applies to residential homes, commercial buildings, land parcels, or even specific property rights like usufruct. The contract becomes essential when you've agreed on basic terms with the other party and need to formalize the deal.

Common triggers include reaching a verbal agreement on price, needing to secure financing from a bank, or planning major property investments. Belgian law requires this formal contract before proceeding with property transfers, mortgage applications, or urban planning permits. Having it in place protects both parties and ensures compliance with regional property regulations.

• Real Estate Contract For Sale By Owner: Direct property sale agreement between private parties without agent involvement
• Property Lease Agreement: Long-term rental contract with detailed tenant and landlord obligations
• Commercial Rental Agreement: Specialized lease for business premises with specific commercial terms
• Real Estate Partnership Agreement: Joint venture structure for property investment or development
• Property Co Ownership Agreement: Defines rights and obligations between multiple property owners

• Property Owners/Sellers: Private individuals or companies selling real estate must provide accurate property details and disclose any known issues
• Buyers: Individuals, companies, or investors who agree to purchase terms and arrange financing
• Notaries: Belgian law requires their involvement to validate contracts, verify property details, and complete final deed registration
• Real Estate Agents: Often facilitate negotiations and help draft initial agreements between parties
• Banks/Lenders: Review contracts when providing mortgages and ensure proper property liens
• Municipal Authorities: Verify urban planning compliance and issue necessary certificates

• Property Details: Gather exact cadastral references, property boundaries, and current ownership records from land registry
• Documentation: Collect energy performance certificate, soil certificate, and urban planning permits
• Financial Terms: Define purchase price, payment schedule, and deposit amount (typically 10%)
• Party Information: Compile accurate legal names, addresses, and identification details of all involved parties
• Special Conditions: List any mortgage requirements, renovation plans, or specific usage restrictions
• Timeline Planning: Set realistic dates for deposit payment, final deed signing, and property handover
• Notary Selection: Choose a notary early to review draft terms and prepare final deed

• Property Identification: Full cadastral description, exact address, and property boundaries
• Party Details: Complete legal names, addresses, and identification numbers of buyer and seller
• Purchase Terms: Agreed price, payment method, deposit amount, and timeline
• Property Condition: Current state, known defects, and recent modifications
• Legal Certificates: Energy performance, soil condition, and urban planning compliance
• Special Conditions: Mortgage clauses, property usage restrictions, or renovation agreements
• Completion Timeline: Key dates for deposit, final deed, and property transfer
• Dispute Resolution: Applicable law and competent court jurisdiction

A Real Estate Contract differs significantly from a Contract to Sell in several important ways under Belgian law. While both documents relate to property transactions, they serve distinct purposes and come into play at different stages of the process.

• Legal Effect: A Real Estate Contract transfers actual property ownership, while a Contract to Sell only creates an obligation to transfer ownership in the future
• Timing of Transfer: Real Estate Contracts require immediate notarial involvement and trigger property rights transfer, whereas Contracts to Sell establish future commitments without immediate transfer
• Documentation Requirements: Real Estate Contracts must include all mandatory certificates and urban planning details, while Contracts to Sell can be executed with fewer formal requirements
• Payment Structure: Real Estate Contracts typically involve immediate deposit payments, while Contracts to Sell often use installment arrangements or future payment terms