Find all the practical information on buying and renting properties in Brussels.
In order to save time, your real estate hunter will take copies (scan) of your ID and any other documents he deems useful. He will send to you, on a regular basis, the results of his investigations, with photo files relating to the property, as well as taking measurements and sourcing documents such as: energy performance certificate, electrical installation report, opinions of an architect (additional costs according to work).
During the visits, the hunter will drive the Lors des visites avec son client, le chasseur prendra personnellement ce dernier en charge à bord de son véhicule, sans frais supplémentaires.
How much does a real estate hunter cost?
In order to guarantee a fair remuneration, the client must pay a handling fee when signing the contract. Once the mission is fulfilled, the client will pay direct (or via the notary) 1% ex. VAT of the agreed sale price + 1% ex. VAT of the authentic deed of sale.
or those renting, the client must pay a month of rent at the signing of the lease.
About the rent in Brussels
What are the various types of leases?
We distinguish several categories framed (supervised) by the law, worth knowing (namely):
- the commercial lease ;
- the farming lease ;
- The lease of main home ;
- The lease of common law (any other lease which does not enter one of the categories above).
The lease of the main house
More collectively used and the most framed (supervised) by “imperative” said laws, which we cannot break (even if a clause of the contract indicates the opposite).
The two parts can opt for short duration going from one year to three years maximum; this lease said “on approval” can be renewed only only once, and for a global duration of maximum three years (for example: on 2 years then 1 year).
Otherwise, it is the usual lease of a duration of nine years that is used. How can the tenant end his lease in an early way? In theory (imperative law), the lease of short cannot be cancelled and thus has to arrive at the term of its duration, in spite of a clause of planned break. In the practice, judicial decisions go to the sense (direction) of this clause, the grounds that the payment of the rents till the end of the rent would be a disproportionate and too penalizing decision for the tenant.
Le preneur devra toujours donner un préavis de trois mois, qui prendra cours le premier jour du mois suivant le courrier ou courriel. Une indemnité compensatoire est bien souvent prévue durant le premier triennat, à concurrence de trois à un mois de loyer, selon que la rupture intervienne respectivement durant la première, la deuxième ou la troisième année de location.
Release of places
The lessor will have to release answering the elementary requirements of security, healthiness and habitability. The good (property) will be cleaned before a detailed current situation (inventory of fixtures). From his/her part (on his/her side), the taker will have to settle the first month of rent, to constitute its renting guarantee, and to pay her insurance premium (habitation insurance).
The lessor could plan in his lease not to return keys as long as the taker will not have answered these 3 conditions. The current situation (inventory of fixtures) of entrance (entry) and exit (release) by a professional is deeply advised (recommended), because it will limit at the most possible differences and tensions between the owner and the tenant.
Who should rather establish a current situation of entrance entry? The owner is the principal interested, because it is for him the only possibility of obtaining from the tenant of the compensations from the bank-guarantee, in case of renting damages. Having said that, the taker who would rent the good having some anomalies or tracks of dilapidation, will be quieter with a detailed current situation and the lessor cannot aspire during the exit, that these imperfections were because of the tenant, or that the latter will have to recondition or pay for the dilapidation. The lessor cannot (law of 29/12/1983) take refuge behind the typical clause ” the lessor declares places rented in perfect condition “, and thus has no other possibilities that to have established a current situation.
Infos sur l’achat d’un bien
INFORMATION ON THE PURCHASE OF THE GOOD
Besides the search itself, it is necessary to you to anticipate the practical aspects and the successive stages up to the ownership of your title deed:
- Visit of the good and the information:
- The offer
- The writing of the provisional sales agreement:
- · The authentic act of sale:
- The signature:
When you will have found your real property, watch to take time to visit second time and to make help you by a warned eye (architect and\or entrepreneur), especially for the good to be renovated …
Do not neglect either the urbanistic aspects (licence), and do not hesitate to pay a visit to the service town planning of the municipality where is registered with the land registry the good. Also think of the details of loads and last reports in the case of a co-ownership, as well as basic act (! Possible right of preemption!). To a lesser extent but it has its importance, a copy of the title deed (maybe that the good is in undivided property!)
You can formulate her of diverse manners, in a way that she is naturally convincing … generally, the e-mail is used the most collectively, and the most practical; a mail writes + registered mail if your seller does not use internet. There is no model of offer in particular, nor specific rules, but it is necessary to indicate at least the complete address and phone number of the parts (buyer and seller), the good (complete address, prize N or apartment n°…) being the object of the offer, the amount of the offer (excluding charges of acquisition), reserve and possible conditions precedent (recommended!), date the offer and dates extinction of this one (! Essential!), and finally your signature.
Generally, it is up to the solicitor of the seller to prepare the project of compromise, and to gather all the documents necessity (Certificate of energy performance, certificate of the ground, the report on the electric installation and the urbanistic information) in the writing of this one. It happens whether it is a real estate agency which takes care of the compromise, but it becomes less and less usual, especially on Brussels. To specify that a “accidental death insurance” is signed in all the offices of a notary, and that it covers up to 250.000€ the buyer who suddenly, would die accidentally between the signature of the provisional sales agreement and the authentic act.
In guarantee of his commitment, the buyer will pay deposit between 5 and 10 % of the purchase price through the solicitor; this sum is recorded in the study to guarantee the serenity of both parts. If the compromise is not accompanied by a condition precedent (the most current is the one of the obtaining of a credit), the sale is said “completed”. Penalties are planned if one of the parts does not meet his commitments, worth knowing the loss of the deposit or the refund of this one and the payment of a compensation equal to the latter.
Once the compromise was signed, a deadline of maximum four months must be respected towards the office of the recording, and the rights were honored during this period. Meanwhile, the solicitor will take care of verifying several documents among which: information with the Land registry on possible mortgage registrations which could burden the sold good(property). Information with the conductor of the contribution and the office(desk) of the VAT to know the fiscal situation of the seller. To a lesser extent, the last cadastral documents, the certificate that the ground is not polluted, the information with the management agent of a co-ownership, the DIU (file of later intervention resuming the works executed in the sold good, invoices etc.
You can finally go(surrender) to the study of your notary for the final stage! He will read and will verify with his colleague that all the information and the documents are put back. The notary will also do the calculation in proportion to your part of real estate deduction (the land basic tax) to be settled to the seller; indeed, this annual tax is due for January and honored by the seller. After the signature, the bill of sale is put down by the notary in the mortgage registry where it will be entirely transcribed to give to him its publicity that is make it opposable to thirds parties. Once transcribes, he cannot be any more the object of a seizure on behalf of the creditors of the seller, what is rather reassuring for the buyer!
You will receive your title deed, in reality copy certified by the notary, who will keep the original for the study; so in case of loss of your title, it will always be possible to you to obtain an other one from it.
N.B. It is obviously about a summary which does not resume all the aspects of the sale. Meeting on our blog for other aspects, or if you wish to share your experience!