What are the obligations involved in selling a house?

A sign in the yard, a few nice photos online, and then wait for offers? If only it were that simple. Anyone looking to sell their home first faces a hefty pile of paperwork. Because without the right certificates, documents, and legal checks, you won’t get anywhere. Think of the EPC, asbestos, and soil certificates, the electrical inspection, and even a flood report. All of these are mandatory.

And that’s not even mentioning your duty to disclose information or the additional rules that apply when selling an apartment. Sounds like a lot of hassle? It might seem that way, but we’ll make it clear. In this article, we’ve compiled a clear overview of all the obligations involved in selling a home—from the necessary certificates to smart tips to ensure everything goes smoothly.

Why are obligations crucial when selling a house?

Selling a home is a process that should not be taken lightly. As a seller, you have a duty to present your home accurately and to fully inform potential buyers. The obligations involved in selling a home ensure that buyers know what they are purchasing and that you, as the seller, do not run the risk of legal disputes later on. Without the proper documents and certificates, you cannot even officially list your home for sale.

What certificates and documents are required when selling a home? And why?

To sell your home successfully and in compliance with the law, you’ll need to have various certificates: 

1. EPC (Energy Performance Certificate)

This is the most important document when selling a home. The EPC provides insight into your home’s energy efficiency and shows just how energy-efficient it is. Since 2009, this certificate has been required for both sales and rentals. You cannot list your home for sale without a valid EPC certificate. The EPC also includes tips for saving energy.

2. Urban Planning Information

This document outlines the zoning status of your property. It indicates whether the property has the proper permits, what zoning designations apply to the lot, and whether there are any building regulations. Potential buyers want to know this to avoid surprises, such as a construction freeze or unauthorized additions.

3. Soil Test

The soil certificate confirms that the land on which your home is situated is not contaminated. This certificate is required in all regions when selling a home. It informs the buyer about potential soil contamination and is essential for a fair and transparent sale. 

4. Electrical inspection

For homes older than 25 years, a valid electrical inspection certificate is required. This certificate confirms that the electrical system meets safety standards. Without this certificate, the sale may be delayed or buyers may hesitate.

5. Asbestos Certificate

If your home was built before 2001, you must be able to provide an asbestos certificate. This certificate indicates whether asbestos-containing materials are present and exactly where they are located. It protects both the buyer and the seller from health risks and unexpected costs.

6. Flood Report

This report indicates whether your home is located in a flood-prone area. In Flanders, this is required when selling a property: you must disclose the flood risk of the property in advertisements, sales documents, and the notarial deed.

In Brussels and Wallonia, there is no requirement to provide a separate report, but you are required to disclose certain information. This means that you must fully inform the buyer if you know that the property is located in a high-risk area.

7. Cadastral documents

These documents show the official boundaries and ownership details of the property. They are required for the deed of sale and clarify exactly what is being sold.

Which certificates aren't required, but are a good idea to have?

Some inspections are not required by law, but can boost buyer confidence and speed up the sale:

• Central heating system: Regular maintenance and a cleaning certificate can demonstrate that the heating system is safe and functioning properly.

• Air conditioning inspection: This can be a plus for modern systems.

• Chimney inspection: Especially useful for older homes to prevent potential problems.

• Certificate of Compliance: Not required, but recommended when selling student housing, an investment property, or a multi-unit residence. 

Disclosure Requirements: What Do You Really Need to Disclose as a Seller?

In addition to providing certificates, you have a duty to disclose information. This means you must inform the buyer of any known defects, unauthorized structures, or other issues that could affect the property’s value. This prevents the buyer from later filing a claim for hidden defects.

For example:

• Cracks in walls

• Moisture problems

• Unauthorized additions

Be transparent: it builds trust and prevents legal issues.

Special Obligations When Selling an Apartment

Are you selling an apartment? If so, there are additional requirements you must meet. You must inform buyers about:

• Recurring management fees

• Working capital and reserve capital

• Any outstanding payments

The property manager plays an important role here and provides the necessary documents to the notary and the buyer.

What does the final step involve? Approval and contractual agreements

In addition to the documents, you must also:

• Vacuum your house in time

• Hand over all the keys

• Fulfill any contractual obligations (e.g., minor repairs, bringing installations into compliance)
  
  

Did you agree to a "deferred possession" arrangement? If so, you may be allowed to stay in the home temporarily after the sale. This can be helpful if your new home isn't ready yet.

Knowing what obligations come with selling a home and what documents you need makes all the difference between a stressful and a stress-free sale. Don’t want to get bogged down in paperwork, inspections, and legal red tape? Then let an experienced real estate professional guide you through the process step by step. That way, you can sell with peace of mind and without any headaches.