When it comes to buying or selling a property, particularly a character home, the notary plays a central role. Far more than a simple intermediary, they ensure the legal security of the transaction and guarantee compliance with all obligations. How exactly do they intervene? What are the key steps in their role? Here’s everything you need to know.
Buying Property: The Notary, Your Best Ally!
Buying Property: The Notary, Your Best Ally!
Why Is the Notary Essential in Real Estate?
Whether you’re purchasing land, a manor house or a rural estate, the involvement of a notary is mandatory in Belgium. They are responsible for:
- Verifying documents and property titles
- Drafting the official deed of sale
- Registering and publishing the transaction (notably with the mortgage registry)
- Managing payments and taxes related to the sale
Their role is essential in securing the transaction and ensuring the buyer legally becomes the rightful owner.
Notarial Procedures in a Property Purchase
Buying property involves several steps where the notary plays a crucial role.
1. Signing the Sales Agreement
The sales agreement is the first formal commitment between the buyer and the seller. Although it can be written without a notary, it is strongly advised to involve a professional to avoid costly mistakes. This document:
- Legally binds both parties
- Sets the sale price, conditions, and timeline
- Can include suspensive clauses (e.g. obtaining a mortgage loan)
At Comptoir Foncier, we draft a preliminary agreement that is always submitted to the notary of both the seller and the buyer, as well as to both parties.
2. Legal Checks and Verification
Before finalising the sale, the notary carries out several essential checks:
✔️ Verification of ownership : Confirming the seller is the legal owner
✔️ Examination of charges and easements : Particularly relevant for rural or heritage properties
✔️ Review of planning documents : Ensuring the property complies with urban planning regulations
3. Drafting and Signing the Official Deed
Once all verifications are complete, the notary prepares the official deed of sale. This deed:
- Formalises the sale
- Is signed by both parties in the presence of the notary
- Is then submitted to the authorities
At this stage, the buyer officially becomes the owner of the property.
4. Registration and Payment Management
After signing the deed, the notary takes care of:
- Registering the transaction with the relevant authorities
- Paying the registration duties and taxes
- Distributing the sale proceeds to the seller and any other relevant parties (e.g. repayment of an existing mortgage)
The Notary’s Specific Role in the Sale of Character Properties
The sale or purchase of a prestigious property (such as a château, listed farmhouse, or period manor) often involves additional legal steps. In such cases, the notary plays a vital role in:
- Checking heritage status : Some buildings are protected and subject to strict regulations
- Transferring usage rights : Some properties come with farmland or woodland that may carry obligations, easements or special conditions
- Handling tax implications : Fees and taxes may differ for these types of properties
A Key Player for a Worry-Free Purchase
The notary is an indispensable ally for securing the purchase or sale of a property. Their expertise helps prevent any unpleasant surprises and ensures a smooth, legally sound transaction.
At Comptoir Foncier, we believe in working closely and efficiently with this key player in the real estate process.
To find out more or receive personalised support, contact Comptoir Foncier.