The Preliminary Contract of Sale (compromis de vente/voorlopige verkoopovereenkomst) is a fundamental document in Belgian real estate transactions, serving as the first formal and binding agreement between parties in a property sale. This document is used when parties have reached agreement on the essential elements of a property sale but before the final notarial deed is executed. It includes crucial details about the property, parties, price, and conditions, while incorporating mandatory Belgian legal requirements such as soil certificates, energy performance certificates, and urban planning information. The document creates binding obligations subject to specified conditions precedent, typically including mortgage approval and clear title verification. Although termed 'preliminary,' it represents a firm commitment under Belgian law, with significant legal and financial consequences for non-compliance.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and national registry numbers
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, cadastral details, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Conditions Precedent: Essential conditions that must be met before the final deed can be executed, including mortgage arrangements
7. Timing: Deadlines for various stages including final deed signing and property transfer
8. Current State: Description of the property's current condition and any known defects
9. Warranties: Seller's warranties regarding property ownership, encumbrances, and disclosed information
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Default and Remedies: Consequences of breach by either party
12. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Tenant Rights: Required when the property is currently leased, detailing tenant rights and notice requirements
2. Construction Permits: Needed when recent construction work has been done or is planned
3. Co-ownership Provisions: Required for apartments or properties with shared facilities
4. Environmental Conditions: Required when property is in environmental protection zones or has specific environmental requirements
5. Mortgage Release: Required when the property has existing mortgages that need to be cleared
6. Renovation Agreements: Used when specific renovation works are agreed as part of the sale
7. Special Conditions: For any unique circumstances or requirements specific to the transaction
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Required certificate regarding soil quality and contamination
4. Urban Planning Certificates: Documents showing zoning and permitted use of the property
5. Property Title: Extract from land registry showing ownership history
6. Co-ownership Documents: For apartments: recent general assembly minutes, co-ownership rules
7. Technical Installations Certificates: Certificates for electrical, gas, and water installations
8. Photographic Inventory: Current photographs documenting the property's condition
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Real Estate Broker
Title Insurance Officer
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