If you decide to sell a building, the many mandatory certificates are probably not the first thing you think of as a seller. But it is a fact: a sale starts with the necessary information obligations and certificates. As a seller in Flanders you are currently required to have 7 mandatory certificates in your possession before you can proceed to the sale. Soon even one more will be added: the asbestos certificate.
Electrical installation inspection certificate (KEI)
When selling a property, the seller is required to provide an inspection certificate regarding the electrical system to the buyer at his expense. The obligation to submit a KEI only applies to the sale of property intended for residential use.
The KEI is drawn up by an approved inspection body and ensures that the buyer can see in what condition the electrical installation is. If the installation has any violations or defects, it will be rejected. No worries if the installation is rejected: the sale can go ahead as planned. The buyer now knows what to expect as he has the obligation to have the electrical system repaired and a new inspection carried out within a certain period of time.
Furthermore, the KEI states the period of validity of the certificate. With an approved installation this is 25 years. If the house is sold within the period of validity, the seller does not have to provide a new certificate.
Fuel oil tank inspection certificate
Strictly speaking, the law does not mention that an inspection certificate of the fuel oil (heating oil) tank must be present when selling real estate, but it is strongly recommended that the seller provide this - which is also well established in practice. After all, an unapproved heating oil tank can give rise to significant costs.
After an inspection it is easy to deduce what condition the tank is in: this is evident not only from the certificate, but also from the color of the cap attached to the tank: a red cap (rejected, but no cause for pollution, need for repair and re-inspection), an orange cap (measures required, but the tank may still be used for 6 months) or a green cap (approved).
Energy Performance Certificate (EPC)
The seller is required to have an EPC prepared when it comes to the sale of residential property, but also when it comes to small non-residential property (store, office, medical practice, butcher, daycare, etc.). As of 2023, this also applies to large non-residential buildings.
The EPC informs the buyer about the energy quality of the building and the measures for improving the energy score of the building. These are suggestions; the buyer is not obliged to carry out the suggested improvements.
An EPC is valid for ten years. If the house is sold again within the ten-year validity period, no new EPC needs to be drawn up. Please note: in 2019 the EPC was given a new look so that from 1 January 2022 only EPCs drawn up since 2019 will be considered when selling.
From 1 January 2023, the buyer of a house with an EPC label E or F (i.e. an energy-guzzling house), must carry out a thorough energy renovation to at least EPC label D within five years of purchase. here back.
Postintervention file (PID).
The PID is the technical file of the building and must be present at the sale of a building, the construction of which dates from May 1, 2001 or on which work has been carried out by one or more contractors since that date. Since it is linked to the building, it is handed over to the buyer in the event of a sale.
The PID is in principle drawn up by an architect, contractor or by a safety coordinator and contains at least: plans and drawings of the structure of the building and the technical installations present, indications of utility lines, any purchase invoices and guarantee certificates, etc. If, as an owner, you carry out structural work on your building yourself, then you must keep all documents and draw up a PID yourself.
Urban Design Excerpt
At the time of sale, it is mandatory to make an urban planning extract of the building available to the buyer. This document informs the buyer about permits, possible building violations, subdivision regulations, etc. and is valid for one year. The city or municipality where the building is located issues this document.
Soil mat test
So that the buyer would be well informed about the condition of the soil, the seller should request a soil certificate from the Public Waste Agency of Flanders (OVAM) and hand it to the buyer. This document states the relevant data about the soil quality and whether there is a risk of soil pollution. The soil certificate must date from after June 1, 2008. For non-risk land, the certificate remains valid as long as the condition of the land remains the same and no cadastral data have changed.
What's in store for us?
Because Flanders wants to be "asbestos safe" by 2040, it is taking the first step in that direction by mapping the asbestos present. See more in our earlier article that you here can consult.
In the meantime, the Flemish government has decided that every seller of real estate - built before 2001 - must be able to present an asbestos certificate when selling as of November 23, 2022. Even more, by 2032 every building owner must have such a certificate. This certificate is drawn up by a certified asbestos expert and inventories the asbestos, states its condition and provides advice on how to manage and remove it. You can apply for it starting in June 2022.
The legislation surrounding real estate does not stand still. We follow it up for you.
|Type of attestation||How to obtain?|
|Electrical installation inspection certificate||At an authorized inspector|
|Fuel oil tank inspection certificate||At an authorized inspector|
|Energy Performance Certificate||At an authorized inspector|
|Postintervention file||With the contractor or architect who carried out the works|
|Urban Design Excerpt||At the environment counter of the municipality or city|
|Soil mat test||At OVAM|
|Asbestos Certificate||With a certified asbestos expert|
 A small non-residential unit is a building unit that meets each of the following conditions: 1) a non-residential primary use, 2) the unit is small: the building unit's usable floor area (GFA) ≤ 500 m² 3) the building unit is not part of a large non-residential unit: the contiguous unit of non-residential building units within the same building of which the building unit is a part has a usable floor area that does not exceed 1,000 m² and does not contain a non-residential unit that exceeds 500 m².
Do not hesitate to contact us here contact us with questions.
Would you like a conversation about the right approach for your business?Then make an appointment here with our pro experts!