Disclaimer Register Contact us Search
About us
Legal Services
Management
Quality
News
Law Firms
Conferences
Publications
Business Information
Join Us
 
 

BUYING COMMERCIAL PROPERTY/REAL ESTATE – BELGIUM

1. Are there any restrictions on an overseas company or business buying commercial property? There are no restrictions, except to try to buy property that belongs to the public domain.
2. Is land/property generally ‘registered’ so that the title/ownership is guaranteed? Yes, at the cadastral administration and the registration tax receiver. In addition, the transfer deed is recorded in the Registry of mortgages. Any interested party can find the owner of the property via the public access to the Registry of mortgages.
3. What are the basic requirements/procedures? The basic requirements / procedures are: title search; execution of the private purchase / sale agreement containing the terms and conditions of sale; execution of the notarised deed within 4 months following the execution of the private agreement; registration by notary and transcription of the deed at the Registry of mortgages.
4. On average, how long does the process take? On average between 2 and 4 months.
5. What searches are advisable? The identity and title of the seller; their tax situation; the situation of the property including rental conditions and / or full ownership versus co-ownership or leasehold properties; Cadastral information & mortgage situation; town planning & permits & ground pollution checks.
6. What are estimated disbursement costs? Notary fees (scaled according to the price), fees of experts and brokers (on average 3% of the price), costs of searches, registration tax or VAT (see below)
7. What are the local and/or national tax considerations in the country of purchase? Purchase agreements concerning real estate are subject to a registration tax of 12.5% or 10% calculated on the market value of property, except new buildings.
8.What other annual local charges are obligatory? A real estate withholding tax & local additional charges relative to the value; regional taxes on companies or professionals; and municipal taxes
9. Are there any other issues to consider? The property is sold with no guarantees (e.g. for defects) so due diligence is important.

 

 

 

 

World Link for Law has published its latest business Newsletter which features various articles on international law.

For details of this and other newsletters, go to Publications and for additional legal information go to Conference Reports.