When it comes to buying or selling a property, particularly a character property, the notary plays a central role. More than just an intermediary, they guarantee the legal certainty of the transaction and ensure compliance with legal obligations. What role do they play? What are the key stages of their involvement? We’ll explain everything!
Buying a property: the notary – your best ally!
Buying a property: the notary – your best ally!
Why is a notary essential in property transactions?
Whether you are buying a plot of land, a mansion or a country estate, the involvement of a notary is compulsory in Belgium. The notary ensures:
- Verification of documents and title deeds.
- The drafting of the notarised deed of sale.
- The registration and publication of the sale (including in the land register).
- The management of payments and taxes relating to the transaction.
Their role is vital in ensuring the sale goes through and that the buyer becomes the full owner of the property.
Notarial procedures when buying a property
Buying a property involves several stages in which the notary plays a key role.
1. Signing the preliminary sales agreement
The preliminary sale agreement is the first formal commitment between the buyer and the seller. Although it can be drawn up without a notary, it is advisable to seek professional assistance to avoid any errors. This document:
- Is legally binding on both parties.
- Sets the price, terms and deadlines for the sale.
- May include conditions precedent (e.g. securing a mortgage).
At Comptoir Foncier, we draw up a draft preliminary sale agreement, which is always submitted to the seller’s notary, the buyer’s notary and the parties involved.
2. Statutory audits
Before finalising the sale, the notary carries out a number of checks:
✔️ Checking the title deed: ensuring that the seller is indeed the legal owner.
✔️ Review of encumbrances and easements: certain properties, particularly rural or historic ones, may be subject to restrictions.
✔️ Review of planning documents: check that the property complies with planning regulations.
3. The drafting and signing of the notarised deed
Once all the checks have been carried out, the notary draws up the deed of sale. This deed:
- Formally finalise the sale.
- It is signed by both parties in the presence of the notary.
- It is then registered with the authorities.
At this stage, the buyer officially becomes the owner of the property.
4. Recording and managing payments
Once the deed has been signed, the notary is responsible for:
- Registration of the sale with the relevant authorities.
- Payment of registration duties and duties.
- The allocation of the sale price between the seller and the other parties involved (e.g. repayment of an existing mortgage).
The specific role of the notary in relation to properties of a special nature
Buying or selling a property of exceptional character (such as a castle, a historic farmhouse or a mansion) often involves additional formalities. The notary therefore plays a key role in:
- Checking protected heritage: some buildings are listed and subject to strict regulations.
- The transfer of rights of use: some properties include agricultural land or woodland subject to maintenance obligations, easements or special conditions.
- Managing tax matters: charges and taxes may vary for these specific properties.
A key player for a worry-free purchase
A notary
is an indispensable ally in ensuring the safe purchase or sale of a property
. Their expertise helps to avoid unpleasant surprises and ensures a smooth transaction that complies with the law.
At Comptoir Foncier, we prioritise working as closely and effectively as possible with this key player in a property transaction.
To find out more or receive personalised support, please contact Comptoir Foncier