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Which documents are mandatory when selling an apartment?
Which documents are mandatory when selling an apartment?
Anyone selling an apartment in Belgium must be able to present a number of mandatory documents. Without these certificates, the sale cannot proceed correctly, or you risk delays at the notary. But which documents exactly are mandatory when selling an apartment?
Below you will find an overview of the most important certificates and documents.
Is an EPC mandatory when selling?
Yes. The EPC (Energy Performance Certificate) is mandatory when selling. This document displays the energy score of the apartment.
The EPC must:
- Be available when the advertisement is published
- Be mentioned in the sales advertisement
- Be handed over to the buyer
The certificate is valid for 10 years.
Do you need to provide an electrical inspection?
Yes, when the electrical installation dates from before October 1, 1981, an electrical inspection is mandatory upon sale.
If the installation is not compliant, the sale may proceed, but the buyer must bring the installation into compliance within 18 months of the deed.
Is an asbestos certificate mandatory?
Yes, for buildings constructed before 2001, an asbestos certificate is mandatory in Flanders. This certificate is drawn up by a certified asbestos expert.
Different rules apply in Brussels and Wallonia, but Flanders currently has the strictest requirements.
What about urban planning information?
The notary must request urban planning information from the municipality. This document confirms, among other things:
- Whether the property is permitted
- Whether there are any building violations
- What the zoning designation is according to the regional plan
This is a mandatory step in every sale.
Which documents are specifically mandatory for an apartment?
When selling an apartment, additional documents are involved because it is part of a co-ownership.
The seller must provide, among other things:
- The articles of association and the co-ownership regulations
- The internal rules
- The minutes of the most recent general meetings (usually the last 3 years)
- Information regarding ongoing legal proceedings
- The status of the reserve fund and working capital
- Outstanding debts of the seller
This information is usually requested via the Property Manager.
Is a soil certificate mandatory?
Yes. In Flanders, a soil certificate is mandatory for every sale. This is issued by OVAM and confirms whether or not any soil contamination is known.
A similar obligation exists in Brussels and Wallonia through the competent authorities.
What about a post-intervention file (PID)?
If works have been carried out since 2001 for which a safety coordinator was mandatory, a post-intervention file must be available. This file contains technical information about the works performed.
What is the conclusion?
When selling an apartment in Belgium, several documents are mandatory, including the EPC, electrical inspection (if applicable), soil certificate, urban planning information, and specific documents regarding the co-ownership.
Since obligations can vary by region and situation, it is advisable to contact your notary or Property Manager in a timely manner. This helps avoid delays and ensures the sale proceeds smoothly.
Selling an apartment begins long before you hand over the keys.
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