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Buyer's due diligence checklist for Belgium

Buyer's due diligence checklistListe de vérifications avant l'achat

The documents and checks a buyer of an existing home in Brussels should get before signing the offer or the compromis: owner and title, mortgages, planning information, energy, electrical and soil certificates, co-ownership documents, tenants and taxes.

Use it from the first visit until you sign. In Belgium the offer and the compromis already bind you, so most checks must happen before you sign either one. The seller must hand over the energy certificate, the soil certificate, the planning information and, for a flat, the syndic's documents before the compromis. The notary orders the mortgage search and checks pre-emption rights between the compromis and the deed.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Brussels-Capital Region, with the main differences for Flanders and Wallonia noted per item.
Energy certificate (PEB)
Mandatory for a sale. The seller must give it before the compromis (Notaire.be).
Soil certificate (Brussels)
Mandatory for every transfer of land in Brussels. Category 0 parcels need a soil investigation first (Notaire.be).
Co-ownership documents
Statement of debts within 30 days (art. 3.89, § 5). Minutes of the last 3 years and charge statements for 2 years (art. 3.94).
Electrical inspection
The seller has it done. If the report finds defects, the buyer must fix them and get a new inspection in the legal deadline (FPS Economy).
Brussels tenant's right of preference
30 days for the tenant to accept the price and terms (Brussels Housing Code art. 247/2).
Registration duties, Brussels
12.5%, with no duties on the first EUR 200,000 for a main home priced at most EUR 600,000 (SPF Finances).
Registration duties, Wallonia
3% for the own and only home since 1 January 2025, otherwise 12.5% (SPF Finances, Wallonie.be).
Registration duties, Flanders
2% for the only own home for deeds from 1 January 2025, otherwise 12% (SPF Finances, Vlaanderen.be).
Asbestos certificate (Flanders)
Required for the sale of a building from before 2001, since 23 November 2022 (OVAM).

The checklist

Seller, title and capacity

  • Copy of the seller's title deedTitre de propriété

    It proves who owns the property and shows its description, easements and special conditions.

  • Identity and marital status of every ownerPièce d'identité, contrat de mariage

    Every owner must sign. If the property is the seller's family home, the spouse or legal cohabitant must consent to the sale.

  • For a company seller, its articles and the power of the signatoryStatuts et pouvoirs de représentation

    They show who may sign for the company.

  • Statement that the seller is not bankrupt, in judicial reorganisation or in collective debt settlementDéclaration de capacité

    A seller in an insolvency procedure may not be able to sell freely.

Mortgages, easements and cadastre

  • Mortgage search ordered by the notaryÉtat hypothécaire

    It lists mortgages and seizures. The notary pays the seller's lenders out of the price so you buy the property free of charges.

  • Cadastral extract and cadastral incomeExtrait cadastral, revenu cadastral

    The cadastral income is the base of the annual property tax and must match the property you visit.

  • Easements and party wallsServitudes et mitoyennetés

    A right of way or a building restriction limits what you can do with the property.

Planning and building works

  • Planning information from the communeRenseignements urbanistiques

    It gives the zone, lawful use, permits and authorised number of dwellings. The seller must inform the buyer of the planning situation.

  • Permits for extensions, roof conversions and changes of usePermis d'urbanisme

    Works without a permit are a planning infringement that can follow the property to the new owner.

  • Flood risk zone, heritage protection and expropriation plansZone d'aléa d'inondation, patrimoine, expropriation

    They affect insurance, permitted works and the value of the property.

  • Post-intervention file for works since 1 May 2001Dossier d'intervention ultérieure (DIU)

    It records the plans and safety data of past works. The seller hands it over at the deed.

Energy, electrical and environmental certificates

Co-ownership (flats and lots in a shared building)

  • Reserve fund, working capital and any arrears of the sellerFonds de réserve, fonds de roulement, arriérés

    The syndic must give these figures before you sign the offer or the compromis.

  • Minutes of the general meetings of the last 3 years and charge statements of the last 2 yearsProcès-verbaux des assemblées générales, décomptes de charges

    They show works voted, disputes in the building and the real level of charges.

  • Pending court cases involving the co-ownership and the last approved balance sheetProcédures judiciaires en cours, dernier bilan

    A lawsuit or a weak balance sheet can mean extra calls for funds.

  • Statutes and internal rulesActe de base, règlement de copropriété, règlement d'ordre intérieur

    They define your lot, your share of the common parts and the rules on the use of the building.

Occupation and tenants

Taxes and costs

Formalities

A due diligence list is a checklist by nature. The notary, not the buyer, orders the official searches and drafts the deed.

  1. You do not sign this checklist.
  2. The compromis and the notarial deed list or annex the certificates and the syndic's documents.
  3. Ask the seller's agent for copies. Ask your own notary to review them before you sign.
  4. In Flanders the names and forms differ: the planning certificate, the soil certificate from OVAM and an asbestos certificate for buildings from before 2001.
  5. In Wallonia the soil information comes from the BDES extract.

Common mistakes

  • Doing the checks after the offer. An accepted offer is already a sale, so check first or make the offer conditional.
  • Relying on the PEB class in the listing. Read the certificate itself.
  • Forgetting the Brussels target: every home must use at most 275 kWh/m² a year, currently class E, by 1 January 2033 (Bruxelles Environnement).
  • Assuming every flat in a building is lawful. The planning information shows the authorised number of dwellings.
  • Taking over an extra unit without a permit. It is a planning infringement, and the buyer takes it over.
  • Skipping the minutes of the general meetings. Works voted before the sale can be charged to you once the syndic calls the funds.
  • Ignoring a sitting tenant. A tenant with a 9-year lease stays after the sale, and in Brussels can also buy in your place.
  • Forgetting that the electrical report may require repairs. You, not the seller, must fix the defects after the deed.

Legal basis

Sources

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