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Real estate agent since 1992 for properties of charm and exception
The expenses of actsnotariés

Notarial deed costs to be paid by the purchaser

Purchase of a building or land in the Walloon region

The costs are invoiced on a provisional basis at the time of the signing of the deed at the notary's office, as all the actual costs are not yet known at that time. After a few months, the buyer receives the final statement.

1) NOTARY'S FEES

Fixed by law, they are calculated by applying percentages to the selling price.

These percentages are decreasing, which means that the higher the price, the lower the percentages.

Since 2012 the purchaser has to pay VAT on the fees.

2) REGISTRATION FEES AND OR VAT

The notary is responsible for collecting these costs and paying them to the tax authorities.

3) COSTS OF MISCELLANEOUS ACTS

They represent all other costs related to the establishment of the deed (transcription of the deed at the Mortgage Office; various searches.)

Since 2012, the purchaser has had to pay VAT on part of the search costs linked to the notary's act or services.

If the buyer takes out a mortgage loan for his acquisition, the loan deed must also be notarized, which implies bank charges and notarial fees.

You can, on the notaries' website, make an approximate but relatively accurate calculation:

calculation of costs on the notaries' website

Registration fees in the Walloon region

The plan has changed since January 1, 2018

A reduction of 20,000 euros on the purchase price has been introduced for the purchase of a family home regardless of its price. This advantage also applies to the purchase of a building plot or a dwelling under construction on plan. Only natural persons are entitled to it. This measure does not apply to companies.

This means that you do not pay registration fees on the first 20,000 euros of the total price of your acquisition.

Conditions to be respected:

  1. It must be a first dwelling used as a family residence;
  2. It is therefore not allowed to own another home acquired by purchase;
  3. You must establish your principal place of residence there, within 3 years for an existing dwelling and within 5 years for a land or dwelling under construction or on plan;
  4. The principal residence must be maintained for at least 3 years;
  5. The allowance must be requested in the notarial deed.

Removal of the 15% rate: again the 12.5% rate, in the event of the purchase of a third and subsequent homes.

Any transfer (change) of real estate ownership in Belgium is subject to a tax, which is the registration fee.

The rate is 12.5% in the Walloon Region and Brussels and 10% in the Flemish Region.

Payment must be made within 4 months after the signature of the compromise or, if there is a condition precedent, within 4 months after the date of fulfilment of this condition precedent, for example obtaining a loan.

This rate may be subject to reduction, rebate or refund, the conditions of which vary according to the region.

The standard rate in the Walloon region is 12.5% on the purchase price of the property.

We have seen above that since 1 January 2018, this rate can be reduced by 20,000 euros.

It can also be reduced to 6% on a 1st tranche of the purchase price for "modest housing";

This range varies according to the location (zone) where the building is located:

-Real estate pressure zone

For the year 2018 the list of municipalities is as follows:  Arlon, Assesse, Aubel, Beauvechain, Braine-l'Alleud, Braine-le-Château, Burdinne, Chastre, Chaumont-Gistoux, Court-Saint-Etienne, Flobecq, Geer, Genappe, Gesves, Grez-Doiceau, Incourt, Ittre, Jalhay, Jodoigne, La Bruyère, La Hulpe, Lasne, Mont-Saint-Guibert, Nivelles, Ottignies-Louvain-la-Neuve, Perwez (Nivelles), Ramillies, Rixensart, Silly, Sprimont, Thimister-Clermont, Tubize, Villers-la-Ville, Walhain, Waterloo and Wavre.

In this area the buyer benefits from the reduced rate of 6% on the €171,043.86 of the purchase price, the rest will be taxed at 12.5%.

-Outside a real estate pressure zone

The reduced rate will be applied on the 160,353.61 euros of the purchase price, the rest of the price will be taxed at 12.5%.

Conditions to be met to benefit from the reduced rate of 6%

1) the cadastral income of the dwelling must not exceed 745.00 euros,

the cadastral income of the dwelling must not exceed 845.00 euros, with 3 or 4 dependent children,

the cadastral income of the dwelling must not exceed 945.00 euros, with 5 or 6 dependent children,

the cadastral income of the dwelling must not exceed 1,045.00 euros with 7 or more dependent children.

2) The purchaser must not otherwise be the owner; this dwelling must be the only one he owns.

This is also true for his or her spouse or legal cohabitant.

He cannot be the owner, nor his spouse or legal cohabitant of another real right such as a usufruct for example.

But there are 4 exceptions to these rules:

- the cadastral income from the building already owned + the cadastral income from the acquisition does not exceed 745.00 euros and the other above-mentioned limits for dependent children.

- Buildings collected in bare ownership in a succession of parents or grandparents.

- The asset or assets that prevented the reduction are sold at the latest in the year of purchase, they are not recorded.

- It does not include buildings that the purchaser or his spouse or legal cohabitant cannot occupy personally because of obstacles that make it impossible to occupy on the date of the notarial deed of acquisition.

3) the purchaser must personally occupy the dwelling and be registered in the population register of the municipality to which the building belongs.

Registration must take place within 3 years of the date of the notarial deed

This occupation must be effective for 3 years without interruption.

In the event of non-compliance with these conditions, the purchaser will have to pay to the tax authorities not only the difference in duties between the normal duty of 12.5% and the reduced duty of 6%, but also a fine which may be in the order of an additional 6.5%.

 

 

 

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