Selling and Transferring Belgian Real Estate:
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Loading... - Addison Chapman
- 21 Feb 2025
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Selling and transferring Belgian real estate follows a structured process under Belgian law, varying slightly by region (Flanders, Wallonia, or Brussels-Capital). It starts with a private sales agreement between buyer and seller, detailing the price and terms, which becomes binding once signed, often with a 10% deposit paid into a notary’s escrow account. Within four months, a notary finalizes the transfer through a notarial deed, registering it to officially change ownership, while the buyer settles the remaining balance.
For sellers, taxes depend on the situation. Individuals typically avoid capital gains tax unless selling within five years, triggering a 16.5% rate plus surcharges, while companies pay 25% corporate tax on gains. Most existing property sales skip VAT, incurring registration duties instead—10% in Flanders (6% for primary residences), 12.5% in Wallonia and Brussels—though new builds may face 21% VAT. Estate agent fees, if applicable, range from 3-5% of the sale price.
Regionally, Flanders offers incentives like lower rates for modest homes, while selling company shares holding property can bypass transfer taxes, though this might draw scrutiny. Sellers should gather documents like title deeds and energy certificates and disclose property conditions to prevent issues. Foreign sellers face no nationality barriers but should review tax treaties. For specifics, a Belgian notary or tax expert can navigate the regional and personal details effectively.
