Soil certificate in Brussels and Wallonia

What the document is for

It says whether the soil of the parcel is polluted, treated or being treated (notaire.be). The aim is to inform the buyer before the deed. The seller must provide it whatever the property: house, flat or land. Notaire.be lists it among the documents of the sale file and specifies that it is required in all three Regions, with different procedures (Brussels: soil certificate; Wallonia: BDES extract; Flanders: soil certificate before the agreement).

The notaire.be page mentions no exception to this obligation, either in Brussels or in Wallonia.

Brussels: the soil certificate

Bruxelles Environnement describes the certificate as “a legal, compulsory and essential document for selling land in Brussels”. Notaire.be writes that the seller “is obliged to give the buyer a soil certificate” and that the document is then included in the deed. If the obligation is not met, the sale can be annulled and the seller is liable to a fine. If the parcel was presumed polluted, the seller also risks a prison sentence.

The Brussels model sale agreement (compromis) provides that the buyer declares having received a copy of the certificate and having been informed of its content.

Who applies for it

• the notary or the estate agent, via the BRUSOIL platform;
• anyone, via IRISbox (with eID and card reader, or itsme);
• anyone, by registered letter to Bruxelles Environnement.

Fees and timeframes

The basic fee is indexed every 2 years, next in 2027. For applications by registered letter, missing documents can be provided within 60 days of receipt; otherwise the application cannot be processed. For an application covering several parcels, their number must be stated in the payment reference. The page does not state a period of validity for the certificate: ask the notary.

Wallonia: the certified extract from the BDES

In Wallonia, the soil decree (décret sols) requires a certified extract from the BDES for the deed transferring any property. The seller must give it to the buyer. Notaire.be also points out that the seller must, where applicable, carry out an orientation study, a characterisation study or a clean-up.

Fees

According to wallonie.be (up to 80 parcels):

• first extract: €30;
• each additional extract: €10, with a ceiling of €320 in total;
• • €100 if a parcel is not in the land register;
• • €10 for sending by registered post;
• no VAT and no indexation.

Who applies for it, and validity

Notaries apply for it via the e-notariat portal of the Royal Federation of Belgian Notaries. All other users go through the BDES website (up to 80 parcels). The extract is valid for up to 1 year for a notarial deed, but it ceases to be valid if the BDES records a change on the parcel after it was issued. A notary can request a free update within 6 months, if the request is made before the validity date shown on the extract.

What the sale agreement says

The Walloon model states that, for each parcel, the BDES extract must be less than 1 year old. The seller declares having informed the buyer of the content of each extract, having no further information that would change the extract, and knowing of no past or present polluting activity on the property. The buyer declares having been informed of the content of the extract.

Note: anyone responsible for soil pollution can be bound by obligations such as analysing or cleaning up the soil (Walloon model).

If the parcel is not “clean”

When the BDES extract or the certificate mentions pollution or a risk activity, further obligations apply. In Wallonia, if the administration has designated a holder of obligations and these pass with the sale, the seller and the buyer must jointly inform the administration by a co-signed letter referring to article 31, § 7 of the soil decree. In Brussels, ask Bruxelles Environnement and the notary about the obligations linked to the content of the certificate. In these cases, seek advice before signing the sale agreement and include a condition precedent.

Which professional to consult

The notary applies for the document, reads it with you and includes it in the deed. If the extract shows pollution, a soil consultancy can carry out the studies required by the administration.