FAQ

An asbestos inventory consists of a description and list of materials containing asbestos in a building or work area.

The certificate includes the following information: which materials or building elements contain asbestos, what condition they are in and how they can be safely managed or removed. In Flanders, since November 2022, an asbestos certificate has been mandatory when selling or transferring homes and buildings constructed before 2001 with a minimum surface area of 20 m². In addition, an asbestos certificate will be mandatory for all building owners from 2032 onwards.

This measure does not apply in Brussels and Wallonia.

Since 1 January 2019, it has been possible to subject the rental of professional property to VAT, provided that the tenant and the landlord agree. This allows the landlord to reduce the costs of setting up the property through VAT. And the tenant can deduct the VAT charged.

The optional VAT regime allows the tenant and landlord to jointly choose to subject the rent to VAT. This is possible, provided that the following conditions are met:

• the tenant must be subject to VAT
• the tenant must use the property exclusively for their economic activity
• it must be a building or part of a building
• the property must be new
• the parties must give their explicit agreement to apply VAT.

Certain exceptions apply to the above rules, such as the letting of furnished accommodation with other services offered, for small businesses and short-term letting of residential property.

The sale of a professional property involves certain administrative formalities.

In Belgium, the following documents are essential when selling a property so that the buyer is sufficiently informed: Title deed, cadastral register, extract from the register of plans and permits, soil certificate, pre-emptive rights, real estate assets, flood risk area.

In addition, the following documents are only necessary if they apply to the land and property being sold: Planning permission, information on co-ownership, oil tank and environmental permit.

In Flanders, water level checks are mandatory when selling. For non-industrial buildings, the energy performance certificate (EPC), an asbestos certificate and information on renovation obligations are also mandatory. An asbestos certificate is only mandatory for buildings constructed before 2001 with a compromise date of 23 November 2022 or later and must be provided by the seller.

In Brussels and Wallonia, only the energy performance certificate is mandatory.

For all non-residential buildings with a deed date from 1 January 2021 onwards, the energy renovation obligation applies. Any non-residential building sold within 5 years in Flanders must comply with 4 energy-saving measures.

The renovation requirement for non-residential properties is limited to the parts of the unit sold.

The minimum measures to be taken are:

1. Roof sections must comply with a minimum R-value;
2. Glazing must not exceed a maximum permitted R-value of 1 W²/K;
3. Heat generators that are more than 15 years old must be replaced;
4. Cooling systems that are more than 15 years old must be replaced.

In addition, a minimum level of energy performance must be achieved. The energy performance

certificate (EPC) requirement has been applicable to all transfers since January 2023.

A distinction is made between large and small non-residential buildings.

A small non-residential unit means:

• A property whose main use is non-residential;
• A maximum usable floor area of 500 m²;
• The unit is not part of a large non-residential complex: all non-residential units in the same building have a maximum usable floor area of 1,000 m² and no unit exceeds 500 m².

Owners of small non-residential units can choose a tailored approach with an EPC certificate for small non-residential units.

A natural or legal person who acts as guarantor for the tenant in the event of non-fulfilment of one of the conditions of the lease (payment of rent, etc.).

A suspensive clause is a condition in a contract whereby the buyer and seller make their obligations conditional upon the fulfilment of a condition. In other words, the contract only takes effect when the condition is fulfilled. These conditions are most often formulated by the potential buyer.

An RLUP (Regional Land Use Plan) is a plan for a specific area that defines land use. Former land use plans, regional plans, specific development plans or former RLUPs are, where applicable, replaced by the land use plan.

Since the Belgian anti-money laundering law came into force in 2017, companies, non-profit organizations and foundations have been required to collect and retain sufficient, accurate and up-to-date information on their beneficial owners. This legal framework was put in place to prevent money laundering from suspicious or criminal sources and the financing of terrorism. The anti-money laundering directive applied to real estate concerns the sale and rental of intermediary services and therefore excludes property managers. The anti-money laundering law imposes a number of obligations on estate agents, namely:

• customer identification
• customer acceptance policy
• the reporting obligation
• record-keeping requirements
• training requirements
• appointment of an anti-money laundering officer
• the preparation of an annual report on the application of the law within the office
• the payment of an annual contribution to the CTIF

In addition, Belgian anti-money laundering legislation requires companies, non-profit organisations and foundations to collect and retain accurate and up-to-date information on their beneficial owners.

The UBO register is an overview of all the “Ultimate Beneficial Owners” or “beneficial owners” of a company or other legal entities registered therein.

In the case of a promise to purchase, the buyer undertakes to purchase the property at a given price and under certain conditions. This promise is signed by both parties and is binding on the buyer for the agreed period.

Sometimes a notarial deed is immediately drawn up on the basis of the promise to purchase, sometimes a preliminary agreement is still drawn up. A promise to purchase is a binding document, although it is more flexible than a preliminary agreement, as it is not linked to the 4- month deadline within which the notarial deed must be executed.

A compromise or private sale agreement is a written agreement between the buyer and the seller. From the moment the private sale agreement is signed or the condition precedent is fulfilled, the four-month period within which the sale must be registered takes effect.

When the seller grants an option to purchase the property, it will not be sold to another party for a predetermined period and under certain conditions.

In the case of a promise to purchase, the prospective buyer offers the seller the opportunity to accept or reject the proposed price and any conditions. This is drawn up in writing and sent to the seller. Once the seller accepts the promise to purchase, the private sale agreement or preliminary agreement is signed by all parties.

The right of pre-emption and the right of first refusal are two similar concepts, but they have different meanings. In both cases, they confer a priority right of purchase.

A right of first refusal is a right agreed upon contractually between two parties, whereby the owner of a property undertakes to negotiate first with the beneficiary of the right of first refusal in the event of a sale.

A right of pre-emption is a legal right to acquire a property on a priority basis, even if the seller has already entered into a contract of sale with another potential buyer.

Within four months of signing the lease agreement, online via MyMinFin or by post. If registration is done later, there may be a late fee. In general, registration is done by the tenant.

A regional plan defines the categories of zones, while municipal plans provide more detail on the use of the zones. These plans indicate the general uses, but also contain specific requirements for authorised activities. Old land use plans, regional plans, special development plans or old RLUPs are, where applicable, replaced by the land use plan. A Regional land use plan (RLUP) is a plan for a specific area that determines land use.

When moving into or out of an industrial building, it is recommended that an inventory be drawn up. This is usually carried out by a designated expert so that the condition of the building is accurately documented. The costs associated with drawing up the inventory are usually shared between the two parties.

Although an inventory is not always legally required, it offers both the tenant and the landlord security and protection in the event of a dispute over the condition of the building.

A rental guarantee can be taken out in different ways, depending on the agreements between the tenant and the landlord and the legislation in force. The most common forms are a bank guarantee, an insurance or guarantee fund, and a cash deposit.

In the case of a bank guarantee, the tenant does not have to pay any money. The bank covers the amount of the guarantee for the landlord and only pays it out if necessary, for example in the event of damage or non-payment of rent.

An insurance or guarantee fund works in a similar way: an approved body acts as an intermediary and guarantees the tenant’s obligations to the landlord.

Cash deposits are less common and subject to specific rules laid down by law. In this case, the amount deposited must be placed in a blocked account with a bank so that it can be managed securely and reimbursed correctly at the end of the rental period.

In all cases, the purpose of the rental guarantee is to protect the landlord against possible damage or non-payment of rent, while the tenant has the assurance that the amount is managed securely and will be correctly refunded at the end of the rental period. A rental guarantee is not compulsory, but must be mentioned in the rental agreement.

A soil certificate is issued by the Flemish Public Waste Management Company (OVAM) and indicates whether OVAM has additional information about the soil quality of a plot of land.

A plot of land is registered in the Soil Information Register (GIR) when activities that pose a risk of soil pollution are or have been carried out there. If it is a high-risk site, the seller must have an exploratory soil survey carried out. However, it is important to note that a plot of land registered in the GIR is not automatically considered a high-risk site. If a plot is not registered in the GIR, a clean soil certificate is issued, which means that OVAM has no relevant data on that plot.

The soil certificate is required for every transfer of a plot, whether it is built on or not. It can be requested by post, through your solicitor or online via the OVAM web portal.

A blank soil certificate is usually issued within fourteen days of receipt of the request, but it is often faster than that. For a plot that is listed in the GIR, the soil certificate is issued within sixty days of the request.

In principle, the rental of storage space is governed by common law on leases, but there are a few exceptions. If the activities carried out in the warehouse are in direct contact with the public, a commercial lease agreement must be drawn up. When the storage space is part of a business park, a provision agreement applies.

Charges and fees are added to the rent and are payable by the tenant. Additional costs to be taken into account may include: rental or bank deposit, registration of the rental contract, inventory fees if applicable, tenant liability insurance, permit applications and property tax.

The common charges for a co-ownership are listed below. This list is not exhaustive: property manager, collective insurance policy, maintenance of green spaces, energy consumption, etc.

When purchasing a professional property, you will of course pay the purchase price, but you should also take into account various additional costs. These include VAT or registration fees, solicitor’s fees, mortgage registration fees, surveying costs if these have not yet been carried out, costs for the deed of incorporation, costs in the case of joint ownership and, possibly, management costs in the case of a business park or industrial estate, etc. It is important to take these additional costs into account when determining the total budget for the purchase of a commercial building.

The sale of an industrial property involves certain administrative formalities.

In Belgium, the following documents are essential when selling a property to ensure that the buyer is sufficiently informed: title deed, cadastral register, extract from the register of plans and permits, soil certificate, pre-emptive rights, information on real estate assets and, where applicable, information on flood risk areas.

In addition, the following documents are only required if they apply to the plot or building to be sold: subdivision permit, information on co-ownership, presence of oil tanks and environmental permit.

In Flanders, water level checks are mandatory when selling a property. For non-industrial properties, an energy performance certificate (EPC), an asbestos certificate and information on renovation obligations are also required. The asbestos certificate is mandatory for buildings constructed before 2001, with a compromise date set at 23 November 2022 or later, and must be provided by the seller.

When the purchase of an industrial building, or part thereof, is fully subject to VAT, the VAT paid is recoverable for most companies. For an individual, however, it constitutes an expense. If the building is used for personal purposes and sold within 15 years of purchase, the VAT recovered must be refunded on a pro rata basis. If the building is rented within 25 years, the VAT recovered is also due on a pro rata basis.

A multi-unit building is a building divided into several small units and housing several businesses. It often has shared facilities, such as passageways, loading and unloading areas, or parking spaces. A property manager is usually appointed to maintain and manage these common areas. Compared to business centers or office concepts, multi-unit buildings generally offer fewer additional services.

This is often the case.

If an inventory of fixtures was drawn up at the beginning of the lease and the contract includes a clause requiring restoration, the office must be returned to its original condition at the end of the lease.

In the absence of an inventory, the rule of reasonable care applies: the property must be returned in good condition, taking normal wear and tear into account.

In practice, landlords almost always require that the restoration obligation be included in the contract, unless they explicitly waive this requirement.

Yes. In addition to the monthly rent, you usually pay common charges.

These include the costs of maintaining the entrance hall, lifts, cleaning services, heating or air conditioning in the common areas and sometimes property tax (depending on the contract).

In the Brussels-Capital Region, regional and municipal taxes on offices must also be added to this.

As a guide, you can expect to pay:

• Common charges: on average €25 to €40/m²/year
• Taxes: on average €10 to €30/m²/year in Flanders and €30 to €65/m²/year in Brussels

Always ask for a clear breakdown of the rent, charges and taxes before signing the contract.

Offices are generally rented in a shell condition. This means that the building is wind and watertight and equipped with basic finishes such as flooring, ceilings, HVAC (heating, ventilation, air conditioning), lighting and sanitary facilities.
The tenant is responsible for additional fittings: partitions, cabling, kitchen, meeting rooms, etc. Expect to pay at least £300/m² for standard fit-outs (excluding furniture and HVAC adaptations). For a more refined finish, this can go up to £1,000/m² or more, if you wish.

This depends on the work concept and the activities carried out in the office.

On average, an employee needs 7 to 9 m² for their own workstation. Added to this is the space required for passageways, meetings and common areas. In total, this represents approximately 11 to 15 m² net per person.

However, offices are offered in gross lettable area (GLA), i.e. the total area including walls, corridors and common areas. In practice, you should therefore allow between 15 and 20 m² of GLA per workstation.

Moving is certainly not out of the question.
There are also ready-to-move-in offices that have been fitted out by the previous tenant. The choice is more limited, but it allows you to make considerable savings.
However, you should set aside a small budget for minor alterations (e.g. moving partitions or repainting) to ensure that the space is better suited to your organization.

A standard office lease has a term of nine years, often with a termination clause after three and/or six years. This clause generally applies to both parties, but this is specified in the contract.
In practice, it is rare for the landlord to terminate the contract. If this does happen, it is usually due to renovation or refurbishment of the building.
Our advice: always discuss the matter with the landlord in order to find a solution and a clear
schedule together.

Office buildings do not generally increase in value automatically, as is sometimes the case with residential properties. Offices are used intensively and technical installations age more quickly.

This is why the return is generally higher (around 6% to 9%), but the capital gain is limited.

An office is therefore more of an income-generating investment than an investment property that increases in value. However, the value can be maintained if the building is well maintained, energy efficient and strategically located.

Yes, but the activity carried out must be similar, and the transferor will remain liable for all obligations arising from the transferred lease. No, if the lease agreement contains a prohibition on the transfer of the lease or subletting. The express agreement of the landlord will then be essential.

No. A request for renewal must be sent to the landlord by registered post or by bailiff between the 18th and 15th month before the end of the lease. Once this period has passed and no request has been made by the tenant, the landlord is entitled to look for a new tenant.

The commercial lease is a 9-year lease, which can be renewed 3 times. It is always possible to terminate the lease at the end of each three-year period. The last possible option is a short-term lease of up to one year. If this contract were to be renewed, it would be exclusively for a 9-year contract governed by the law on commercial leases.

This allows you to sell all of your real estate assets in a single transaction, receiving the cash directly as a private individual. In addition, it is more advantageous from a tax perspective and saves on management fees.

Hotel Restaurant Café. As soon as food and/or drink is consumed and/or prepared on the premises, a HoReCa designation is mandatory in order to carry out this type of activity. It is generally subject to a licence, which must be applied for from the relevant authorities.

Commercial leases are subject to Belgian legislation dated 30/04/1951. They apply to the rental of real estate for commercial or craft activities. A commercial lease is a contract between the landlord and the tenant. All commercial leases have a legal term of at least nine years, with the possibility of termination every three years. Subject to agreement between the two parties, the commercial lease may be terminated early.

The tenant may terminate the lease by registered letter six months before the end of each three- year period without giving any reason. Outside this period, they are not allowed to terminate their contract without the written consent of the landlord. As for the landlord, unless specified in the lease, they cannot terminate the lease early. Their only option to terminate the lease is for personal occupation of the premises by themselves or their family, subject to a minimum of one year’s notice.

Title deed, land registry, extract from the register of plans and permits, urban planning information, soil certificate, property tax, right of pre-emption, flood zone status (excluding specific features/region).

The risks include rental vacancy, tenant solvency, the remaining lease term, future works, as well as the technical and energy compliance of the building.

It is also important to analyze urban planning, environmental and fiscal risks, such as permit and zoning compliance, potential pollution or environmental obligations, as well as taxes and charges that may impact the profitability of the investment.

Gross yield corresponds to the annual rent divided by the acquisition price, excluding costs.

Net yield takes into account actual costs: acquisition fees and registration duties, property tax, non-recoverable charges, vacancy, management fees and capex.

The return depends on the type of asset, the location and the risk profile. Prime assets generally offer a lower but more secure return. Assets with vacancy or repositioning potential may offer a higher return, but require active management.

A complete due diligence covers three dimensions: legal, technical and financial. This analysis is essential to identify risks, verify the property’s compliance and anticipate future costs.

From a legal perspective, it is essential to analyze the leases (term, indexation, guarantees, termination clauses, allocation of charges), the detailed rent roll, amendments, as well as urban planning documents allowing verification of the property’s permitted use and zoning compliance.

From a technical perspective, energy certificates (EPC), compliance reports (electricity, fire safety), maintenance contracts (HVAC, elevators), potential diagnostics (asbestos, soil contamination), as well as the overall condition of the building must be reviewed in order to anticipate future investments and capex.

From a financial perspective, actual operating charges, property tax, potential vacancy taxes, regional and municipal office taxes, vacancy history and potential arrears must be verified.

The objective is to identify hidden risks, anticipate future investments and secure the valuation of the asset.

A renovation can significantly improve the value of an asset, but it must be strategic.

The objective is not necessarily to fully renovate the property, but to identify the elements that directly influence the perception of investors or tenants: energy performance, condition of common areas, modernization of sanitary facilities and technical compliance.

Before undertaking works, a cost-benefit analysis is essential: some investments significantly increase attractiveness, while others have only a marginal impact on the sale price.

A well-defined strategy helps optimize value without overinvesting.

Guarantees are intended to secure the payment of rent and charges.

The most common forms are:

• a bank guarantee,
• a blocked security deposit,
• a personal guarantee or parent company guarantee.

The level of guarantee depends on the tenant’s profile, financial strength and the duration of the lease. It may also vary depending on the type of lease agreement, the commitment period and the negotiating position.

For established and solvent tenants, negotiations may be more flexible. For younger structures or parties presenting a higher risk profile, stronger guarantees are recommended.

It is also important to verify the wording of clauses relating to reinstatement obligations, tenant repairs and potential arrears.

A well-structured guarantee significantly reduces rental risk.

Buying allows the acquisition of a patrimonial asset and full control over occupation, but requires significant capital and reduces flexibility.

Leasing preserves cash flow and makes it easier to adapt surface areas in case of changes in business activity.

The choice depends on:

• financial strategy,
• cost of capital,
• stability of real estate needs,
• occupancy horizon.

A comparative financial analysis (buy vs lease) helps objectify the decision.

The required space depends heavily on the working style and the level of flexibility sought.

Traditionally, between 10 and 20 sqm per workstation is estimated, including circulation areas and a share of common spaces.

However, hybrid organizations sometimes reduce the number of fixed desks in favor of collaborative spaces, meeting rooms, phone booths or informal areas.

It is essential to analyze:

• the actual occupancy rate,
• expected growth,
• meeting room requirements,
• confidentiality requirements.

A preliminary study helps avoid oversized premises (unnecessary costs) or undersized premises (lack of comfort and productivity loss).

The comparison should go beyond the displayed rent.

An analysis grid integrating:

• total occupancy cost,
• contractual flexibility,
• energy performance,
• fit-out costs,
• accessibility,
• development potential,

allows for a rational decision aligned with the company’s strategy.

A structured approach makes it possible to compare options on a homogeneous and objective basis.

Several elements are negotiable:

• the fixed lease term,
• break options,
• indexation, which is generally difficult to negotiate as such, but may sometimes be capped,
• guarantees,
• rent-free periods,
• contributions to fit-out work.

Negotiations depend on the balance between supply and demand on the market, the commitment period and the tenant’s profile. It is generally much easier to negotiate in older office buildings than in new construction projects.

A well-negotiated lease can generate a significant financial advantage over the entire contractual period.

The face rent is the amount stated in the lease.

The effective rent takes into account negotiated benefits, such as:

• rent-free periods,
• landlord contributions to fit-out costs,
• deferred charges or temporary incentives.

Two buildings with the same face rent can have very different actual costs.

Analyzing the effective rent allows for an objective comparison of offers and an assessment of the total cost of occupancy over the lease term.

Beyond the rent, the following should be taken into account:

• common charges (maintenance, cleaning, security),
• energy (electricity, heating, air conditioning),
• property tax, property tax, which the landlord may be able to recover depending on the lease agreement and applicable regulations,
• technical maintenance costs,
• parking costs where applicable,
• fit-out and installation costs.

It is essential to distinguish between provisional charges and annual reconciliations.

It is essential to distinguish service charge provisions from annual reconciliations.
A detailed review of the operating budget helps avoid unexpected costs and provides a clear assessment of the Total Occupancy Cost.

While priorities vary depending on the type of business, some criteria remain essential in all cases:

• accessibility (highways, public transport, parking),
• visibility and building image,
• energy performance and operating costs,
• flexibility of the spaces,
• technical quality (HVAC, ventilation, fire safety compliance).

The location of a property directly impacts employer attractiveness, productivity, and long-term costs.

A good choice must reconcile budgetary constraints, brand image and growth strategy.