Selling your home: which documents are mandatory?

As a seller, you are legally required to compile a range of documents when selling your property. If you fail to meet certain obligations, the sale of a house or flat could be blocked. What documents must a seller provide when selling a property?

This article provides an overview of the seller’s legal obligations.

1. Title deed

You must provide the notarised deed of purchase for the property (its identity document), which was given to you by the notary when you purchased your home.

In the event of an inheritance, you will need the declaration of inheritance and, where applicable, the deceased’s deed of purchase.

2. EPC certificate

You have undoubtedly already heard of this building energy certification system, which is mandatory in EU Member States.

The certificate must be drawn up by an accredited professional, who will report on the level of thermal insulation, the performance of the heating system, ventilation and solar energy. It will also include recommendations for improving the building’s energy performance. This document will enable prospective buyers to compare the energy performance of properties on the market.
Valid for 10 years, the original EPC certificate must be provided by the seller to the buyer before the agreement for sale is signed.

Although requirements vary depending on whether you are in Brussels, Flanders or Wallonia, the obligation to display the EPC certificate in advertisements for buildings offered for sale has been in force in all three regions since 1 January 2015.

Please note that an owner who fails to provide an EPC certificate on time may face a criminal penalty or an administrative fine ranging from 62,50€ to 2500 €.

3. Planning designation

The advertisement for the sale of your house must state at least the property’s most recent planning designation, as well as information on planning permissions and certificates.

Depending on the region, additional information must also be provided.

You can obtain this planning information from your local authority (allow 30 days). Before doing so, remember to request the cadastral information together with a plan (allow 15 days).

4. Soil certificate and flood-risk data

Requirements vary between the different regions. However, you should bear in mind that you need a certificate confirming that the soil beneath the land or house is not contaminated.

For further information, visit the website of IBGE, the Brussels Institute for Environmental Management: https://environnement.brussels/. In Flanders, contact OVAM.
You must also provide a certificate informing buyers whether or not the property is located in a flood-risk area.

5. Electrical installation inspection

Since 1 July 2008, whenever a home is sold, the seller must arrange for the low-voltage electrical installation to be inspected.

This notably allows older installations fitted before 1981 to be checked. Those installed after that date must be inspected again after 25 years.

6. Post-intervention file (DIU)

The DIU is a file describing all work carried out on your house since 1 May 2001. Its purpose is to prevent risks (illnesses/accidents) during any subsequent work carried out on the property.

This file includes, in particular, an inventory and description of the work carried out (plans, materials, quotations, invoices, specifications, photographs, etc.) and must be compiled either by the health and safety coordinator (where several professionals are involved in the project), by the client, by a sole professional or by the owner if they carried out the work themselves.

The DIU is generally provided to the buyer when the notarised deed of sale is signed.

7. Cadastral plan

“The cadastral plan is a cartographic representation, drawn to various specified scales (for example, 1:500 or 1:2,500), of the different properties (land or developed plots) within a municipality. Each plot is listed under a cadastral section and has its own number.” (notaire.be).

You can request this certificate from the Land Registry, the authority responsible for recording all properties in the country and their owners.

8. If the property is let

If you have a tenant, you must provide the prospective buyer with all documents confirming the rental status of your property: the tenancy agreement, the schedule of condition, information on the rental deposit (deposit certificate), the amount of rent paid, the amount of the service charges, etc.

9. If the property is jointly owned

If you are selling a property that forms part of a co-ownership, you must provide the buyer with full information concerning relations with the other co-owners (minutes of general meetings), before the agreement for sale is signed.

10. Oil tank certificate

In Wallonia, if your oil tank has a capacity of 3000 litres or more, you must provide a leak-tightness inspection certificate for the tank, issued by an accredited technician.

In Brussels, however, there are no specific obligations unless your oil tank is above ground and has a capacity of 3000 litres or more, in which case an environmental declaration or permit is mandatory.

In the Flemish Region, oil tanks are also subject to inspections. Make sure you obtain the relevant information!

As you will have gathered, selling a property can be administratively complex. Plan well ahead, anticipate what will be required and seek advice from the relevant authorities to avoid any unwelcome surprises when signing the sale agreement.