The sale agreement isn't a draft. As soon as it's signed, it binds both buyer AND seller. If you withdraw later without valid reason, you risk paying compensation — generally 10% of the price.
— All checks must be done BEFORE signing, not after.1. The EPC certificate (energy performance)
The EPC is a mandatory document the seller must provide in all regions. It indicates the energy performance of the property on a scale from A (very efficient) to G (very energy-intensive). From 2026 onwards, this document becomes even more strategic.
Three reasons why the EPC drives your decision:
- Future energy cost. A G-rated house can cost 3 to 4 times more in heating than an A-rated house. Over 10 years, that's tens of thousands of euros.
- Renovation obligations. In Flanders, any home rated E or F must be renovated within 5 years of purchase (target: minimum label D). Wallonia and Brussels are following.
- Grants and tax benefits. A good EPC avoids works; a bad EPC can give access to substantial renovation grants.
To check: certificate present, valid (max 10 years), drawn up by an accredited certifier. Also ask for the recommendations detail — it's free and serves as your roadmap.
2. Urban planning information
Before signing, you must know what you can or cannot do with this property. The notary will request this information from the municipality, but it's too late if you've already signed. You can request it yourself from the urban planning service — count on 4 to 6 weeks lead time.
The 4 points to examine:
- Up-to-date building permits. All past modifications (extension, veranda, garage) must be covered by a permit. An urban planning infraction can block the sale or impose costly restoration.
- Sector plan zoning. Residential zone, agricultural zone, flood-risk zone. The zoning determines what you can build or renovate.
- Listed or registered heritage. If the property is listed, all works require specific authorization from the Heritage department.
- Expropriation or alignment plans. A widened road, a new municipal project: your property may be partially expropriated in 5 or 10 years. The municipality knows — you don't, unless you ask.
3. Easements — right of way and others
An easement is a charge on your property for the benefit of another property (or third party). It follows the property regardless of owner changes. The most common:
- Right of way. A neighbor has the right to cross your land to access theirs (typical for landlocked plots). Verify where this right runs and whether it's limited (foot only? vehicle?).
- Pipeline easement. Electricity cables, gas pipeline, water line run under your land. You can't build on top, and the operator can intervene for maintenance.
- View easement. A neighbor's window directly overlooks your garden. You can't build within a certain distance or plant trees that would block the view.
- Party wall. A wall or fence is shared with the neighbor. Maintenance is shared, and you can't demolish it alone.
To request: the cadastral matrix extract and a copy of the previous title deed — easements are sometimes mentioned there. In case of doubt, your notary can do an in-depth search.
4. The soil attestation (pollution)
Soil pollution management is regionalized. A polluted plot can cost tens of thousands of euros to clean up, and liability can fall on you as current owner.
Environment
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The trap of past "risk activities": if the land hosted a polluting activity (gas station, garage, mechanical workshop, laundry, buried fuel oil tank...), an in-depth soil study may be imposed — generally at the buyer's expense if not negotiated in the agreement.
5. Hidden defects and technical diagnosis
The seller has a legal warranty obligation against hidden defects. But many agreements include an exoneration clause that cancels this warranty. If you sign without checking, you take on the defects.
The 5 critical points to inspect:
- Roof and frame. Ask the age of the roof, insulation status and possible presence of dry rot (destructive fungus). A roof renovation easily costs €15,000 to €30,000.
- Damp and infiltration. Damp cellars, ceiling stains, peeling paint. Often masked by a layer of fresh paint. Ideally visit in rainy weather.
- Compliant electrical installation. The electrical compliance report is mandatory. If non-compliant, upgrading can cost €5,000 to €15,000.
- Boiler and heating. Ask the boiler's age, last service, average consumption. An end-of-life oil boiler will need to be replaced by a heat pump (large budget).
- Window frames and glazing. Single glazing = mediocre insulation + obligation to replace eventually. Count €15,000 to €25,000 for triple-glazed frames on a typical house.
For older properties (before 2001), have an independent real estate expert accompany you. A report costs €300 to €600 — negligible compared to potential bad surprises.
6. Financing and the suspensive condition
The classic mistake: signing an agreement without a suspensive condition for loan approval, then being stuck if the bank refuses. You then lose the deposit (5 to 10% of the price) and may be sued for breach of contract.
A suspensive condition for loan approval must specify: the exact loan amount requested, duration in years, maximum acceptable rate, deadline to obtain agreement (6 to 8 weeks), and number of banks to consult (at least 2).
— The clause to absolutely demand in any agreementIf the bank refuses within the deadline and according to the foreseen conditions, the agreement is automatically canceled without penalty. This clause is your only way out if there's a financing problem.
7. Mandatory documents to receive
Before signing, the seller must hand over to the buyer (or his notary) a list of documents. If some are missing, it's a warning signal: either delay signing or add a delivery clause under penalty of nullity.
- Title deed. Previous purchase or donation/inheritance deed. Allows tracing the property's history.
- Valid EPC certificate. Drawn up by an accredited certifier, max 10 years.
- Urban planning information. Issued by the municipality, request 4 to 6 weeks in advance.
- Soil attestation by region. Brussels Environment, Walsols or OVAM depending on the property's location.
- Electrical inspection report. Mandatory for any property built before 1981 or if the installation is over 25 years old.
- AGM minutes (if co-ownership). Last 3 years + financial database of the co-ownership.
8. Specific co-ownership pitfalls
If you buy an apartment, you don't just buy a property — you become a co-ownership member with charges, votes and collective decisions. Before signing:
- Monthly charges amount. Ask for actual charges from the last 2 years, not just the seller's optimistic "estimated charges".
- Voted or planned works. Read the minutes of the last 3 AGMs. A façade or roof renovation voted but not yet executed will pass on to you as new owner.
- Reserve fund status. An insufficient fund = urgent capital calls in case of major works. A signal about the financial health of the co-ownership.
- Ongoing disputes. Is the co-ownership in litigation with a co-owner? With a supplier? These disputes can generate unforeseen costs.
9. Oil tank, gas, rainwater tank
These infrastructures can hide significant costs. Often forgotten in the rush of buying.
- Oil tank. If buried, check tightness (mandatory test in some regions). An oil leak can cost €20,000 to €50,000 in cleanup. And oil is banned in new installations from 2026 in several regions.
- Gas connection. Verify if the connection exists (otherwise, installing it costs €1,500 to €3,000). Important if you plan to replace the boiler.
- Rainwater tank. Very useful to reduce water bills. Check volume, condition and connection to WCs / outdoor tap.
10. Essential clauses to include in the agreement
Beyond classic suspensive conditions (loan, urban planning), some clauses deserve to be negotiated. Here is the minimum list to require:
- Loan approval at precise conditions (amount, rate, duration).
- Urban planning information consistent with what is announced (no hidden infraction).
- Non-polluted soil attestation or acceptable pollution per expertise.
- Absence of undisclosed easement hampering use of the property.
- Inventory consistent with the visit (no degradation between signing and deed).
For properties to renovate, it may be useful to add a suspensive condition for obtaining urban planning permit if you plan major works. Without this clause, you buy a property without knowing if you can do what you want with it.
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