compromis vente bruxelles · article
Purchase agreement and notarial deed
From the purchase agreement to the notarial deed: steps, deadlines, conditions precedent and obligations of the parties in a Brussels property transaction.
The purchase agreement (compromis de vente) and the notarial deed are the two legal pillars of every property transaction in Belgium. The first commits the parties; the second transfers ownership. Understanding the role, scope and steps of each is essential to secure your Brussels property purchase.
The purchase agreement: the commitment
Definition and legal scope
The purchase agreement (compromis de vente or private agreement) is a contract by which the seller undertakes to sell and the buyer undertakes to buy a specified property at an agreed price and on defined terms. Under Belgian law, the compromis has contractual force: from the moment it is signed, the sale is complete as to the parties’ agreement on the property and the price (Article 1583 of the Civil Code).
This means concretely that neither the seller nor the buyer may withdraw unilaterally after signing, except in the cases provided for by the contract itself (unrealised conditions precedent).
Contents of the purchase agreement
A complete purchase agreement includes:
- Full identity of the parties (seller and buyer, including matrimonial regime)
- Precise description of the property: address, cadastral references, area, dependencies
- Sale price and payment terms
- Deposit: generally 5 to 10% of the price, held in escrow by the notary
- Conditions precedent (see next section)
- Deadline for signing the notarial deed
- Seller’s declarations: condition of property, EPC, planning situation, known easements
- Annexed documents: EPC certificate, soil certificate, planning information
Conditions precedent
Conditions precedent are clauses that make the sale subject to the occurrence of a future and uncertain event. The most common are:
Obtaining a mortgage
The most frequent clause: the buyer has a set period (generally 4 to 6 weeks) to secure their financing. If the loan is refused by at least two lenders, the condition is not met and the compromis is dissolved without penalty.
Obtaining a planning permit
Relevant when the buyer makes their purchase conditional on being able to carry out works (extension, change of use).
Absence of pre-emption
Certain Brussels communes have a pre-emption right over defined areas. The compromis may be conditioned on the non-exercise of this right.
The deposit and guarantee
The deposit of 5 to 10% is paid by the buyer and held by the notary in a client account. It constitutes a guarantee of commitment. In the event of default by the buyer (outside of a condition precedent), the seller may retain the deposit as damages or demand specific performance of the sale.
The interim period: between the compromis and the notarial deed
The notary’s verifications
During the 3 to 4 months between the compromis and the deed, the notary carries out the mandatory verifications:
- Mortgage status: verify that the property is not encumbered by undeclared mortgages or seizures
- Planning situation: compliance of the property with the permits issued
- Pre-emption rights: notification to any entitled parties
- Chain of ownership: verification of the ownership history over 30 years
Finalising the mortgage
The buyer finalises their mortgage application. The bank often requires an expert valuation of the property to confirm that its value covers the amount borrowed. This report protects both the bank and the buyer.
The notarial deed: transfer of ownership
Role and scope
The notarial deed is signed before a notary. It is this document that officially effects the transfer of ownership and is registered at the mortgage registry (Sécurité juridique). The deed is enforceable against third parties — unlike the compromis, which binds only the parties who signed it.
The day of signing
On the day the notarial deed is signed:
- The balance of the price is paid by the buyer (or their bank) to the notary
- The notary distributes the funds: repayment of the seller’s mortgage, payment of the discharge, transfer of the balance to the seller
- Registration duties (12.5% in the BCR, with any abatement) are collected by the notary on behalf of the SPF Finances
- The keys are handed to the buyer
Post-signature obligations
The buyer must register with the population register of their new commune within the statutory period and, if they have benefited from the Brussels abatement, must establish their principal residence in the property within 3 years.
Practical tips for securing the transaction
- Have the compromis drafted by a notary rather than using a standard template: the cost is modest relative to the legal security provided
- Negotiate a realistic period for the mortgage condition precedent (minimum 6 weeks)
- Commission a pre-purchase expert valuation to confirm that the price is consistent with market value
- Read the planning information carefully before signing: an unresolved planning infringement can block the transaction
For an independent valuation of the property before signing, our property estimation service provides an objective opinion of value.
Contact us for any question relating to the valuation of a property in the context of a purchase.