Most people leave the legal side of things for what it is and they turn to lawyers and jurists, but we are supposed to have knowledge of the legislation. The real estate sector has not been spared here. Although the regulations are of great importance, when selling a property there is a lot involved. Seller and buyer are protected and are helped in the right direction.
But how do you find your way in this?
Whether or not it is well situated in a risk zone for flooding is of course handy. The insurances also make use of this, which is why it was federally laid down in the Act of 04/04/2014. There is also a Decision of the Flemish Government of 08/09/2006 establishing the risk zones for flooding. For your property you can always check this on the water test card. You can also contact Pillars, we will be happy to find it for you. This information must be included in the compromise and the deed, but not in the publicity.
For a more in-depth explanation of the VCRO, you can always use the blog ''What is the purpose of the urban building information?''. This information must be fully stated in the publicity, compromise and deed. In the publicity the mention 'in application' can be entered for a maximum of 30 days. A compromise and deed must contain this information as an attachment and everything must also be mentioned. A suspensive condition for compliance with these documents is not permitted.
The regulations for the fuel oil tank are determined in the VLAREM II of 01/06/1995. Its purpose is to prevent and limit nuisance, environmental pollution and safety risks caused by nuisance devices. In itself, each owner is obliged to properly maintain his fuel oil tank with the aid of a recognized technician and also to keep the inspection certificates. Even when decommissioning an underground tank, procedures can be followed and a certificate must be submitted.
In itself nothing needs to be mentioned in the publicity. It does not have to be added to compromise and deed. Usually the certificates are requested. In any case, it is advisable to include provisions on the possible presence of an underground or above-ground tank and whether the inspection duties have been complied with.
This is one of the points that also belong to the obligations within the VCRO. Again you can refer to the blog ''What is the purpose of the urban building information?' Again, we make the obligatory mention in the publicity, compromise and deed.
Again there comes a point from the VCRO and the discussion ''What is the purpose of the urban building information?'. So we have to take into account the mandatory entries in the publicity. In addition, the compromise will have to be canceled under the condition precedent of not exercising the right of pre-emption. In the period leading up to the deed, the notary will have to go through a fixed procedure to offer this right of pre-emption.
The water test was laid down in the Decree on Integrated Water Policy of 18/07/2003 and was amended by the Decree on the Integral Water Policy of 19/07/2013. Implementing decisions supplement the decree. It is mandatory to state in the publicity whether a property is located in an area that is flood-sensitive, possibly flood-prone, demarcated and / or demarcated. You can find this for each property in the Water Test Map. Depending on the type of publicity, the information must be written in full, with a symbol or not mentioned. In compromise and deed, a full paragraph is devoted to this subject.
Finally, we can list everything in a table again. In the table below, in addition to the information for the Flemish Region, you can also find the summary for the Brussels and Walloon Region. It is a big piece of information. If you want to be assisted as owner, you can always contact Pillars!