Mandatory information on sale (real estate)

What information and documents must the seller of a property give to the buyer?

The seller of a property is obliged to give the buyer any information that may influence his decision whether or not to buy the property.

Besides this general obligation to provide information, there is specific legislation that imposes special information duties.

A lot of useful information can be found in the title deed (usually the notarial purchase deed). This document confirms the ownership of the property and contains information about the owner, the location of the property and the size of the plot.

1. Soil certificate: A soil certificate is mandatory and must be requested from OVAM. The soil certificate lists all relevant data known to OVAM about the land. Read more about the soil certificate here.
2. Energy performance certificate: The energy performance certificate (= EPC) informs the buyer about the energy efficiency of the dwelling and is compulsory from the moment a dwelling is put up for sale, otherwise the seller risks a fine. The EPC is drawn up by a certified energy expert type A.
3. Urban planning information: The prospective buyer must be able to get a clear picture of the urban planning situation of the property in question in advance. Therefore, urban planning information must be communicated in the publicity and there are mandatory disclosures to be included in the private sale agreement and the notarial deed.
4. Asbestos certificate: The asbestos attestation is an abbreviated record of an asbestos inventory prepared by a certified asbestos expert. The requirement for an asbestos certificate applies to building constructed before 2001 (risk construction year) and where the area of the building (section) is 20 m² or more.
5. Post-intervention file: The post-intervention dossier is required for works for which a building permit was issued from 1 May 2001. This file contains information on the works carried out and must be handed over to the new owner. The post intervention file (PID) is prepared by the safety coordinator or contractor
6. Architectural heritage: If the property is included in an established inventory, this must be mentioned in the private and authentic deed and reference must be made to its legal effect.
7. Flood risk: When selling property in Flanders, both regional and federal information duties apply to the risk of flooding. Sellers, notaries and estate agents must clearly inform prospective buyers whether or not the property is located in an area prone to flooding.
8. Property administrator: when a flat is sold, the owner must include the contact details of the property administrator in the sales agreement. Information on the financial condition of the co-ownership and pending proceedings or disputes are also important. The pre-contractual information obligation is broad in the sense that it must be fulfilled not only at the stage prior to the conclusion of the compromise, for example, but also as early as the stage prior to the signing of an offer or promise to buy by a potential buyer.