Common Mistakes When Buying Real Estate in Belgium

Published on and written by Cyril Jarnias

Buying property in Belgium seems straightforward on paper: a stable market, a protective notary system, and a deeply ingrained culture of homeownership – it’s often said that “every Belgian is born with a brick in their stomach”. However, between the complexity of the three Regions, heavy taxation, the peculiarities of real estate law, and hidden costs, there are many potential missteps. Some are very costly: disputes that drag on for years, tens of thousands of euros in additional expenses, mandatory renovation work, or even the inability to occupy or rent the property as intended.

Good to know:

This article identifies the most common mistakes when buying property in Belgium, based on data, current regulations, and actual market practice. Its goal is to help you turn a potentially treacherous journey into a well-informed decision.

Contents hide

Misunderstanding the Belgian market and its regional specifics

The first mistake is treating Belgium as a homogeneous real estate market. In reality, the country operates with a system of three Regions – Flanders, Wallonia, Brussels-Capital – each with its own taxes, subsidies, zoning regulations, energy policies, and environmental procedures.

Ignoring these differences means risking building your entire financial plan – and sometimes your life project – on false assumptions.

Underestimating the price gap between Regions and cities

Price data reveals a very contrasting market. Broadly speaking, houses cost significantly more in Brussels than in Wallonia, with Flanders in an intermediate position. For apartments, major Flemish cities and Brussels drive prices upwards.

Recent general orders of magnitude can be summarized as follows:

Region / Property typeAverage house priceAverage apartment priceAverage price per m² (new, national)
Brussels-Capital≈ €550,000 – €600,000higher than average≈ €2,871/m² (Belgium, new)
Flanders≈ €350,000€2,000 – €3,500/m²
Wallonia€200,000 – €250,000€1,300 – €2,500/m²

Therefore, relying on an “average Belgian price” is misleading. A family home can be worth about €556,000 in Brussels compared to €238,000 in Wallonia, while some upscale municipalities (Ixelles) easily exceed €600,000 and rural Walloon municipalities remain below €100,000. Not factoring in this reality risks overpaying for a property or, conversely, underestimating its resale or rental potential.

Forgetting market cycles and rental yields

Another common confusion: believing in a constantly rising market. In practice, Belgium experiences phases of growth and stagnation. The first observation: the market is rather stable, but not explosive. For example, the house price index rose by only about 1.15% in the first three quarters of 2023, while the price of new homes increased by more than 5% during some periods.

5.5

The average gross rental yield for apartments in Brussels, based on observed figures.

Ignoring trends (co-housing, infrastructure, energy)

The last mistake in reading the market is neglecting the major trends that influence property values.

Example:

Among the most important trends are:

– the rise of co-housing and shared housing in large cities, sometimes specifically taxed (Brussels);

– the strong impact of new infrastructure projects (modernized stations, SNCB rail lines, multimodal hubs) on neighborhood values, as shown by several studies from actors like CBRE;

– the energy efficiency premium: in Flanders, an A-rated home can sell on average nearly 20% more than a D-rated home, and the buyer of a poorly insulated property is often legally required to improve its energy performance within five years.

Not factoring in these elements can sometimes mean buying a property that looks good on paper but is poorly located, energy-intensive, and fiscally penalizing in the medium term.

Miscalculating overall costs: a mistake that can ruin a budget

Many future homeowners focus on the listed selling price – €250,000, €400,000, etc. – and forget that the total bill in Belgium is significantly heavier than in many neighboring countries. This is probably the most frequent and most costly mistake.

Confusing purchase price and total acquisition cost

Data collected on the ground shows that acquisition fees add 10% to over 20% to the property price, depending on whether it’s an existing home or a new one subject to VAT.

To give an order of magnitude, for a €250,000 property:

Property typeOverall fee rangeApproximate amount
Existing home11% – 15%€27,500 – €37,500
New home (21% VAT)up to ≈ 22%up to €55,000

These percentages include registration duties (or VAT for new builds), notary fees, administrative fees, certain certificates, etc. Not anticipating them often leads to two extreme scenarios: requesting impossible financing or narrowing the search at the last minute, resulting in a less optimal choice.

Poorly mastering registration duties according to the Region

Property transfer is taxed via registration duties, which vary greatly depending on the Region and the nature of the property.

The main current rates for a first home occupied as a primary residence can be summarized as follows:

RegionReduced rate for primary residence (conditions)Standard rate / other properties
Flanders≈ 2% to 3% (single residence)12%
Wallonia3% (first home under conditions)12.5%
BrusselsNo reduced rate, but significant exemption12.5%

These percentages are sometimes combined with exemptions. For example, Brussels exempts the first €200,000 for a buyer purchasing their primary residence (under well-defined price and residency conditions), which can represent up to €25,000 in savings. Wallonia offers an exemption on the first €20,000 for the first purchase of a “modest home.”

Warning:

A common mistake is applying an interest rate read on a forum without checking if the required conditions are met, such as having no other fully-owned property, committing to occupy the home, or respecting a price ceiling. This negligence can result in a difference of several thousand, or even tens of thousands of euros on the final cost of the loan.

Minimizing notary, credit, and certificate fees

Another source of unpleasant surprises: incidental fees. Notary fees are regulated, but they are by no means negligible. In practice, they range between about 1% and 2% of the price, on a decreasing scale, plus administrative fees (cadastral searches, mortgage registry, zoning certificates, etc.) in the order of €800 to €1,500.

On the credit side, we find:

Tip:

When setting up a mortgage, several fees must be anticipated: a federal mortgage duty of about 0.3% of the guaranteed amount; mortgage setup fees (about 1% of the mortgaged sum, including mortgage registration duties and fees); bank application fees (often limited by regulation, but not negligible); and an appraisal, billed around €200 excluding VAT.

To this must be added the mandatory certificates, which the seller must in principle provide but which constitute an indicator for the buyer: Energy Performance Certificate (EPC), electrical installation inspection, soil certificate (Wallonia, Brussels in case of risk activities, Flanders in the presence of polluting activities), asbestos certificate for older buildings, documents on oil tanks, information on flood risks, etc. The cumulative cost of these inspections, when borne by the selling owner, clearly illustrates that a property sold “cheap” but poorly documented is a major red flag.

Forgetting recurring costs: property tax, charges, renovations

Many new owners discover after the purchase the weight of the property tax (onroerende voorheffing / précompte immobilier), calculated on the famous cadastral income (kadastraal inkomen), i.e., a theoretical rental value. Depending on the Region, regional, provincial, and municipal taxes pile up, often reaching between a quarter and half of the indexed cadastral income in actual tax paid each year.

Not inquiring about the cadastral income before buying means ignoring:

the amount of future property tax;

the impact of major works on the possible revision of this income, and thus the level of taxation;

– potential reductions (for example in Flanders, a 25% reduction for certain modest cadastral incomes, or reductions related to dependent children, disability, etc.).

To these are added co-ownership charges for apartments, frequently between €50 and €150 per month in a standard building, but which can climb to €300–€500 for residences with elevators, concierge services, pools, or extensive gardens. Not to mention exceptional capital calls for major renovations (roof, facade, elevator) which can reach several thousand euros per unit.

Finally, many underestimate the cost of bringing up to code (electricity, heating, insulation, windows) and energy improvement works, especially since some Regions, like Flanders, explicitly require buyers of energy-inefficient homes to renovate them within a given timeframe.

Neglecting the notary’s role and the legal force of an offer

Belgium has a particularly robust notarial system, inherited from the Napoleonic model, with over 1,600 notaries ensuring the legal security of transactions. However, many buyers wait until the last minute to consult a notary, or even sign offers or pre-sale agreements without prior advice.

This approach is risky because under Belgian law, it is not the notarial deed that creates the initial commitment, but the accepted offer and the pre-sale agreement (compromis).

Believing you are only committed at the time of the notarial deed

A very widespread mistake is to think you can “withdraw” as long as the authentic deed is not signed. In reality:

– a purchase offer becomes binding as soon as it is accepted by the seller, even if it was sent by email or SMS;

– a pre-sale agreement (compromis de vente or verkoopscompromis) has, under Belgian law, the same legal value as the authentic deed, except for its enforceability against third parties.

10

Percentage of the sale price that can be claimed as damages in case of withdrawal of an offer or unjustified termination of a pre-sale agreement.

Furthermore, an offer remains valid as long as no expiration date is specified. Many buyers neglect to set a validity period and lose control of the timeline.

Signing without solid suspensive conditions

Another serious mistake with consequences: signing an offer or pre-sale agreement without a clear financing suspensive clause. If the bank ultimately refuses to grant the loan, the buyer remains contractually obligated, or risks the famous 10% penalty.

A well-drafted clause specifies at a minimum:

the type of financing sought (mortgage loan, amount, duration);

– the deadline to obtain a response;

the buyer’s obligation to prove their efforts (refusal certificate, for example);

– the consequence in case of non-granting (automatic termination without compensation).

Good to know:

The new law of obligations (Book 5 of the Civil Code) better regulates the management of suspensive conditions and the theory of hardship (imprévision). However, relying on a judge to save a poorly drafted contract remains a very bad strategy, as procedures can be lengthy and costly.

Not using the notary to their full potential as an advisor

In Belgium, the first consultation with a notary is generally free, and most offices willingly agree to review an offer or draft pre-sale agreement before signing. Yet, many buyers only contact them after having signed a commitment.

This is a strategic mistake: the notary is not only the guarantor of the deed’s regularity but also a full-fledged advisor. They check the property titles, mortgage registrations, easements, zoning information, environmental risks, and can draw attention to unfavorable or incomplete clauses in documents proposed by the agent or seller.

Note that it is possible for the buyer and seller to each have their own notary, without increasing the total fees. Depriving oneself of this double perspective for one of the most important asset acts of one’s life is rarely rational.

Underestimating due diligence: titles, zoning, pollution, energy

In Belgium, the adage “sold as is” remains a reality: the buyer has a duty to investigate, and the property is, except for specific clauses or fraud, transferred with its qualities but also its defects. However, most major problems could have been detected through minimal due diligence in four areas: legal, zoning, environmental, and technical.

Neglecting the verification of titles and charges

Buying a property without verifying its 30-year legal history means risking buying a problem rather than an asset. The main points of vigilance are:

– the existence of real charges (mortgages, seizures, liens) that follow the property and not the owner;

easements (right of way, pipelines, views) sometimes not materialized but nonetheless enforceable;

– the clarity of the chain of ownership: an ill-established title, an unsettled inheritance, a forgotten co-heir can trigger lengthy and costly disputes.

Warning:

Ownership disputes can last 1 to 5 years (1-2 years in first instance, then up to 3 years on appeal). Legal fees often represent 10 to 15% of the property’s value. Therefore, signing a deed before the notary has performed their official searches with the Legal Security Office and the registries carries a very high risk.

Forgetting zoning: a classic with serious consequences

Another typical blind spot: zoning. Many properties have undergone significant transformations over the decades (veranda, extension, change of use, division into multiple dwellings), sometimes without permits or deviating from the granted permit.

Not checking with the municipality:

– the property’s zoning destination (residential, commercial, mixed-use, etc.);

– the conformity of past works with issued permits;

– the existence of reports or restoration orders;

means risking, after the purchase, being prohibited from a planned use (e.g., converting a ground floor into hospitality or co-living) or being forced to regularize or demolish elements at one’s own expense.

In some particularly strict municipalities, renovation or extension permits are repeatedly refused, severely limiting the property’s potential for evolution and appreciation.

Underestimating environmental risk: polluted soil, floods

Environmental regulations are regional and very technical. They notably concern potentially polluted soil (former gas stations, workshops, industrial activities, fuel depots, etc.), as well as flood risks.

Example:

For example:

– in Flanders, an orientation soil investigation is often mandatory upon sale when a risk activity has taken place on the land. If contamination is detected, a descriptive study and, if necessary, remediation must be carried out;

– in Wallonia, a 2018 soil decree imposes obligations for study and treatment during certain events (cessation of activity, permit application, soil damage). The seller must provide a soil certificate;

– in Brussels, an ordinance on soil pollution obliges the transferor of at-risk land to have a preliminary study done, and, in case of pollution, management or remediation measures may be imposed.

Omitting to check this aspect exposes one to sometimes astronomical remediation costs, even though the buyer is not the source of the pollution. Of course, they can take legal action against the original polluter, but only after bearing the obligations imposed by the administration.

Risks to consider

Flood risks, formalized in information documents, can have a significant impact on a property.

Insurance costs

Buying in a flood zone increases insurance premiums.

Future valuation

This choice can limit the property’s future appreciation.

Additional zoning constraints

Additional zoning constraints can weigh on the property.

Skipping technical and energy condition checks

Finally, many buyers settle for a simple look, sometimes accompanied by a handy relative, without calling in an independent expert. However, mandatory diagnostic reports don’t cover everything: the electrical certificate checks compliance, not the state of wear; the EPC gives an energy score, not the boiler’s lifespan.

The main ignored technical risks are:

– structural problems (cracks, structural movement, subsidence);

– moisture (rising damp, infiltration, condensation), very common in older buildings;

– the roof (leaks, lack of insulation, tired structure);

– obsolete technical installations (electricity, heating, plumbing);

– the presence of asbestos in constructions built before 2001.

An audit or inspection may cost a few hundred euros but avoid works costing tens of thousands of euros. It also allows for price renegotiation or demanding repairs before the deed. Not taking advantage of this often amounts to false economy.

Getting lost in taxation: cadastral income, taxes, capital gains

The Belgian tax system applied to real estate is as dense as it is nuanced. Very often, the error lies not in a simple miscalculation but in a poor understanding of the basic mechanism, starting with the famous cadastral income.

Misunderstanding the “kadastraal inkomen”

The cadastral income is an estimate, by the tax administration, of the theoretical rent the property could produce in a year, based on historically determined values then indexed. This is the basis used to calculate:

– the annual property tax;

– the taxable real estate income for an individual renting the property to a private individual (outside professional activity).

Ignoring this figure means:

underestimating future local taxes;

miscalculating the net yield of a rental investment;

missing out on certain reductions (modest home, dependent children, adaptations for disability, etc.).

Conversely, certain improvement works can trigger an upward revision of the cadastral income, causing a lasting increase in taxation. This parameter must therefore be integrated from the project phase.

Forgetting tax differences between rental, occupancy, and resale

The way the property is used strongly influences its taxation.

For an individual

Individual

– a primary residence (occupied for at least one year before sale) is in principle exempt from capital gains tax, even if its value has increased significantly;

– the sale of a built property within a short period (less than 5 years) or of land within a certain period can trigger taxation on the capital gain (16.5% or 33% depending on the case, excluding surcharges);

– rents received through a rental to a private individual are not taxed on the gross rent, but on the basis of the increased cadastral income, which can be advantageous.

For a company, the rules are different: rents and capital gains fall under the framework of corporate tax (25% in the standard regime), but with possibilities for property depreciation and, sometimes, tax deferral in case of reinvestment.

Embarking on an investment purchase as an individual or via a company without a prior comparison of these regimes is a frequent strategic mistake, difficult to correct later.

Underestimating the impact of energy charges and incentives

Another tax blind spot concerns regional energy policies. Each Region transposes European directives on building energy performance, with its own thresholds, obligations, and financial incentives.

Example:

A few concrete examples:

– in Flanders, a buyer of a home with a very poor EPC score is required to bring it to a minimum level within five years, with grants but also a legal obligation;

– highly efficient homes (EPC A) are valued up to nearly 20% more than less efficient properties, completely changing the profitability and potential capital gains calculation;

– certain public aid partially or fully exempts from registration duties or property tax for a given period for major renovations or listed buildings.

Ignoring these rules can lead to two opposite errors: buying an energy sieve without budgeting for the imposed works, or dismissing a more expensive property at purchase but significantly more interesting in the long term due to its performance and available aid.

Overlooking pre-emption rights, co-ownership, and usage rules

Beyond purely financial and legal elements, Belgian real estate law contains a series of specific mechanisms that can slow down, block, or complicate a purchase: pre-emption rights, co-ownership bylaws, zoning restrictions, etc.

Ignoring public and private pre-emption rights

Several actors may have a pre-emption right (right of first refusal) before a private buyer:

public authorities (municipality, Region, social housing company) in certain zones (vacant homes, nature reserves, port areas, specific renovation perimeters);

– in Brussels, tenants with a long-term lease may have a right of first purchase if the owner decides to sell.

Warning:

Not checking for the existence of a pre-emption right or poorly following its notification procedure can cause significant delays, or even the cancellation of the sale in favor of the beneficiary of that right.

Underestimating the power of co-ownership bylaws

For the purchase of an apartment, a classic pitfall concerns co-ownership. The bylaws and internal regulations can:

restrict certain uses (short-term rentals like Airbnb, co-living, professional use);

impose very strict rules regarding works (even inside the unit);

set unfavorable charge distribution keys.

In some buildings, the admission of a new buyer may even be subject to the approval of the general meeting to preserve the building’s residential character. Not reading the last three general meeting minutes, nor the co-ownership accounts, is turning a blind eye to: decisions made and the co-ownership’s finances.

Points of vigilance

Elements requiring particular attention in co-ownership management

Pending major works

Major works have been voted on in a general meeting but have not yet been put out to tender or effectively started.

Ongoing disputes

Existence of conflicts or litigation with neighbors, suppliers, or the municipal administration.

Fragile financial situation

Insufficient reserve fund, presence of unpaid charges among co-owners, or other cash flow difficulties.

Forgetting zoning and land division constraints

Finally, some purchase projects come with a desire to divide land, change its use, or develop a mixed-use project. Here again, each Region, province, and municipality has precise rules:

parcel division often requires zoning permission;

– a change of use (from commercial to residential, from a workshop to a loft, etc.) is not free and assumes compatibility with the zoning plan or local development plan;

– in historically or architecturally protected areas, any project is subject to an additional layer of constraints, sometimes compensated by grants.

Buying a property with the intention of transforming it without preliminary feedback from a local architect or the zoning department is one of the greatest sources of disillusionment for “project” buyers.

Poorly preparing your financing: overestimating what the bank will lend

Belgium offers a very developed mortgage credit market, even for foreigners. But many buyers overestimate what they can borrow or rely on “average” conditions not suited to their profile.

Confusing theoretical and practical borrowing capacity

Belgian banks generally base their decisions on two key ratios:

– the total monthly payment (credit + other debts) should not exceed about 35 to 40% of net monthly income;

– a minimum amount must remain for living expenses, often around €1,100 – €1,200 for a single person.

Good to know:

In practice, most institutions require a personal contribution of 10 to 20%, or more for non-residents, self-employed individuals, or purely investment purchases. The National Bank’s guidelines encourage banks to limit the loan-to-value (LTV) ratio to around 90%, with regulated exceptions.

Assuming that 100% financing of the price is the norm often leads to:

wasting time on unaffordable properties;

signing an offer without a financing clause, thinking “the bank will follow”;

having to back out, with the contractual penalty as a result.

Underestimating the processing time, especially for foreigners

The period between the credit application and the final decision generally varies between 2 and 8 weeks but can climb to 6–10 weeks for certain foreign profiles, notably nationals of countries subject to heavier compliance regulations (like the United States with FATCA).

Tip:

The pre-sale agreement generally imposes a strict timeline, including a deadline for obtaining the credit offer and signing the notarial deed, often set at a maximum of 4 months. A poor estimation of these deadlines can put you in a difficult situation, caught between an impatient seller, a bank with sometimes slow procedures, and a notary constrained by legal deadlines. It is therefore crucial to properly calibrate these steps from the signing of the pre-sale agreement.

Not factoring in the cost of decreasing term life insurance and mandatory insurance

Most banks condition their best interest rate offers on subscribing to:

decreasing term life insurance, to cover all or part of the remaining capital in case of the borrower’s death;

fire insurance on the property given as collateral.

These products represent significant additional annual costs, especially for higher-risk profiles (age, health). Building a financing plan without taking them into account leads, once again, to an overly optimistic view of the available budget.

Specific mistakes for off-plan purchases and new-build projects

The Belgian new-build market, especially in cities (Brussels, Antwerp, Ghent), is seeing significant development of residential projects, often sold “off-plan.” To regulate this type of sale, the Breyne Law offers specific protection to buyers. Not knowing its rules exposes one to abuse.

Paying too many deposits or at the wrong pace

The Breyne Law strictly limits deposits before the signing of the notarial deed: the total sums paid cannot exceed 5% of the agreed price. Any amount paid, even called a “reservation fee,” is considered a deposit under the law.

Good to know:

Payments must be proportional to the progress of the works (foundations, structural work, technical installations, finishes). A typical schedule spreads the sums over several installments, the last being paid at provisional acceptance.

Accepting an unbalanced payment schedule, which anticipates too much on actual progress, considerably increases the risk in case of delay, poor execution, or developer bankruptcy.

Neglecting the completion guarantee

The Breyne Law also requires the developer to provide a completion guarantee (bank guarantee or equivalent), covering at least 5% of the works’ price, or even 100% for certain uncertified developers. This guarantee protects the buyer in case of default or bankruptcy of the builder.

Warning:

Committing without verifying the existence, amount, and form of the guarantee, or by accepting non-binding letters of intent, exposes you to major risks such as an unfinished project, an unsellable property, and lengthy procedures to recover funds.

Signing the provisional acceptance without a serious inspection

Another frequent mistake: accepting the provisional acceptance of the home without a thorough inspection, ideally accompanied by an independent expert or architect. However, it is at this moment that the following begin to run:

– the one-year guarantee on apparent defects;

– the ten-year guarantee on the stability and watertightness of the structure.

Signing a brief provisional acceptance report, without listing reservations (poor workmanship, incomplete finishes, non-compliance with the specifications), can make any subsequent claim much more difficult.

Conclusion: turning pitfalls into advantages through information

Buying property in Belgium is both well-protected by the notarial system and full of legal, fiscal, and regional specificities. Yet, the most common mistakes follow rather simple patterns:

– massive underestimation of acquisition fees and recurring costs;

– confusion about the moment one becomes committed (offer, pre-sale agreement, deed);

– incomplete or even non-existent legal, zoning, environmental, and technical due diligence;

– lack of knowledge of regional rights, incentives, and constraints regarding energy, soil, zoning;

– insufficient financial preparation (personal contribution, bank delays, insurance);

– and, for new builds, poor mastery of the Breyne Law and its guarantees.

Tip:

To secure your project, adopt these essential reflexes: consult a notary from the start, enlist a technical expert to check the property’s condition, and systematically examine all mandatory documents. Also inquire with local and regional administrations. Finally, never sign an offer or pre-sale agreement without perfectly understanding every clause, especially the suspensive conditions.

In a country where more than 70% of residents are homeowners, and where the market remains relatively stable, taking the time to do things right allows one to transform a minefield into a solid investment, whether for personal occupancy or rental. In Belgium more than elsewhere, the key to a good purchase is not only the price per square meter but mastery of the entire legal, fiscal, and technical framework surrounding every brick.

Why is it better to contact me? Here is a concrete example:

A French business owner, around 50 years old, with a well-structured financial portfolio already in Europe, wanted to diversify part of his capital into residential real estate in Belgium to seek rental yield and exposure to a stable eurozone market. Allocated budget: €400,000 to €600,000, without using credit.

After analyzing several Belgian markets (Brussels, Antwerp, Liège), the chosen strategy was to target an apartment or a small rental property in a growing neighborhood, for example in Brussels or Antwerp, combining a target gross rental yield around 5–6% (“the higher the yield, the greater the risk”) and medium-term appreciation potential, with an overall ticket (acquisition + notary fees + potential works) of around €500,000. The mission included: market and neighborhood selection, connection with a local network (real estate agent, notary, tax advisor), choice of the most suitable investment structure, and integration of the Belgian asset into his overall wealth strategy.

Disclaimer: The information provided on this website is for informational purposes only and does not constitute financial, legal, or professional advice. We encourage you to consult qualified experts before making any investment, real estate, or expatriation decisions. Although we strive to maintain up-to-date and accurate information, we do not guarantee the completeness, accuracy, or timeliness of the proposed content. As investment and expatriation involve risks, we disclaim any liability for potential losses or damages arising from the use of this site. Your use of this site confirms your acceptance of these terms and your understanding of the associated risks.

About the author
Cyril Jarnias

Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.

On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.

Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.

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