Inheritance & partition expertise in Brussels

Real estate expertise for inheritance and partition in the Brussels-Capital Region

Upon the death of a person who owned property in Brussels, the heirs are confronted with an unavoidable legal obligation: to declare the fair market value of each property forming part of the estate. This declaration, which must be filed within four months of the death (article 3.3.1.0.6 of the Flemish Fiscal Code for Flanders; in the Brussels-Capital Region, the same deadline applies pursuant to the ordinance of 20 December 2002), serves as the basis for calculating the inheritance duties owed to the Region.

Our real estate appraisal firm provides a certified valuation report, drafted by a certified expert and enforceable both vis-à-vis the tax authority (SPF Finances) and the other heirs and the notary handling the liquidation.

Legal framework for inheritance in Brussels

In the Brussels-Capital Region, inheritance duties on real estate are governed by the Inheritance Duties Code and the Brussels fiscal ordinance. Progressive rates apply according to the degree of kinship:

• Direct line (children, parents): from 3% to 30% by bracket.
• Between siblings: from 20% to 65%.
• Between uncles/aunts and nephews/nieces: from 35% to 70%.
• Between all other persons: from 40% to 80%.

The declared value is subject to scrutiny by the Acquisition Committee of the SPF Finances, which may carry out a reassessment if the value appears to be underestimated. Article 19 of the Inheritance Duties Code provides that the taxable base is the fair market value at the date of death, i.e. the price that a normally diligent buyer would accept to pay under normal market conditions.

A professional expertise constitutes the best protection against a tax reassessment. The expert’s reasoned and documented report serves as evidence in the event of an administrative challenge.

In the case of partition between heirs

Beyond the tax obligation, the real estate expertise plays a central role in the partition of the estate. Article 890 of the Civil Code provides that the partition may be rescinded in cases of prejudice exceeding one quarter. An independent and certified valuation prevents disputes between co-heirs and secures the distribution.

When the estate comprises several properties, or when some heirs wish to buy out the others’ share (licitation or buyout), the precise determination of the value of each lot is essential to ensure an equitable distribution.

Content of the estate valuation report

Our estate valuation report includes:

• Full identification of the property: address, cadastral references, description of private and common parts.
• Planning analysis: position under the PRAS (Regional Land Use Plan), planning permits, any violations, heritage listing.
• Technical condition: description of the general condition of the building, technical installations, energy performance (EPC certificate).
• Market analysis: comparable transaction references from the Belgian notarial database and SPF Economy data, positioning of the property in its micro-market.
• Determination of fair market value: application of the direct comparison method, supplemented where appropriate by the income capitalisation method (for tenanted properties) or the depreciated replacement cost method.
• Appendices: photographic survey, site plan, copy of EPC, cadastral extract.

How the mission works

1. Initial contact: You provide the property details, the death certificate and any available documents (title deed, EPC, plans).
2. Property inspection: Our expert visits the property for a full inspection. The visit lasts between 45 minutes and 2 hours depending on the size of the property.
3. Research and analysis: Consultation of the cadastre, market references and planning data. Application of valuation methods.
4. Drafting and delivery of the report: The reasoned and signed report is delivered within 5 to 10 working days. Expedited processing is available on request.
5. Follow-up: Should the tax authority or notary raise questions, our expert remains available to clarify the conclusions.

When to call upon an expert for an inheritance?

Engaging a real estate expert is particularly advisable in the following situations:

• High-value estate: The higher the value, the greater the risk of a tax reassessment.
• Atypical property: Town house, listed building, property with easements, building plot in a high-demand zone.
• Disagreement between heirs: An independent expertise resolves differences of opinion.
• Tenanted or occupied property: The fair market value of an occupied property differs from that of a vacant property, and this discount must be justified.
• Complex joint ownership: When the estate comprises several properties, a consistent valuation of the entire estate is necessary.

Difference from a market appraisal

It is essential to distinguish an estate expertise from a simple market appraisal. A property appraisal provides an indicative price range, useful for putting a property on the market, but it does not constitute a document enforceable before the tax authority. Only a certified valuation report, signed by a certified expert, is admissible in the context of an estate declaration.

If you are dealing with an inheritance or partition involving real estate in the Brussels-Capital Region, do not hesitate to book an appointment for a confidential consultation. You may also consult our guide on inheritance in the Brussels-Capital Region to understand your obligations. Find our fees online or discover our other real estate expertise missions, including divorce and separation or donation.