The Home Buyer Contract Form is a fundamental legal document used in Belgian residential property transactions, designed to comply with both federal and regional property legislation. This document is essential when any residential property is being purchased in Belgium, serving as the preliminary agreement (compromis de vente/verkoopcompromis) before the final notarial deed. It includes mandatory elements required by Belgian law such as property details, price and payment terms, conditions of sale, and references to required certificates (energy performance, electrical installations, soil condition). The contract must be drafted in accordance with the Belgian Civil Code and regional housing regulations, and typically requires notarial involvement for final execution. It provides critical protection for both buyers and sellers by clearly stating all terms and conditions of the sale while ensuring compliance with Belgian consumer protection laws and real estate regulations.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers as required by Belgian law
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Property Description: Detailed description of the property including cadastral details, boundaries, and size as per land registry
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Completion Date: Timeline for the transaction, including signing of notarial deed
7. Property Condition: Current state of the property and any known defects or issues
8. Seller's Warranties: Statutory and specific warranties regarding property title, charges, and condition
9. Buyer's Obligations: Requirements for payment, cooperation with notary, and other buyer responsibilities
10. Notarial Requirements: Process for notarial deed preparation and execution
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Risk and Insurance: Transfer of risk and insurance requirements until completion
13. Default Provisions: Consequences of breach by either party
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Contingency: Conditions related to buyer's mortgage financing, used when purchase depends on mortgage approval
2. Rental Situation: Details of existing tenancies, if property is currently rented
3. Renovation Requirements: Specific terms regarding permitted or required renovations, used for properties requiring work
4. Co-ownership Provisions: Terms specific to apartments or co-owned properties
5. Environmental Conditions: Special provisions for properties with environmental concerns or requirements
6. Furniture and Fixtures: List of movable items included/excluded from sale, if relevant
7. Planning Permissions: Special conditions regarding existing or required planning permits
8. Language Provisions: Required for contracts in bilingual regions of Belgium
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Required environmental soil quality certification
4. Urban Planning Certificates: Documents showing planning status and permissions
5. Technical Installations Report: Certificates for electrical, gas, and other installations
6. Co-ownership Documents: Recent documents regarding building management and charges for apartments
7. Property Photographs: Documentary evidence of property condition at time of sale
8. Title Deeds: Copies of relevant historical title documentation
9. Inventory of Included Items: Detailed list of fixtures, fittings, and other items included in sale
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