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From 1 April 2023, buying your first home in the Brussels Region will be more advantageous from a tax point of view. The bracket exempt from registration duty will be increased, and first-time buyers who undertake to carry out energy-efficient renovations to their new home will also benefit from an additional allowance.

There will be a number of changes to the main allowance. The ceiling on the maximum tax base has been raised to €600,000, compared with €500,000 previously. The allowance, i.e. the portion exempt from registration duty, will be increased to €200,000, instead of €175,000, representing an additional saving of €3,125 , bringing the tax advantage to €25,000 . The period for establishing the main residence in the property purchased will be increased to 3 years instead of 2 years. This period may even be extended to 5 years if the purchaser undertakes to improve the energy performance of the building purchased. The obligation to maintain residence in the building for which the allowance was obtained for an uninterrupted period of 5 years remains unchanged. However, the penalty for failure to comply with the time limit has been changed. Repayment of the allowance will be due on a pro rata basis, according to the part of the period (per year) that has not been complied with. This rule is retroactive and will also benefit people who benefited from the allowance before 1 April 2023.

An additional, immediate allowance has also been introduced. It will apply when purchasers undertake to improve the energy performance of the property acquired. Aware of the climate challenges and objectives, and of the dilapidated state of Brussels' building stock, the regional legislator has decided to adapt the existing system to encourage citizens to contribute to this effort in the general interest. The amount of the additional allowance is €25,000 for each improvement in energy category achieved, with a minimum of two categories. However, this additional allowance is ancillary to the main allowance and the latter's conditions must therefore be complied with. Anyone who applies for the additional allowance and fails to carry out the necessary work within the deadline will be penalised (fines). It is therefore strongly recommended that you seek professional advice before committing yourself to improving the energy performance of your building.

The changes will come into force on 1 April 2023. Acquisition agreements ("compromis") entered into on or after 1 April 2023 will therefore be affected, as will agreements subject to conditions precedent entered into before 1 April 2023 where the condition precedent is fulfilled after 31 March 2023.

Since 23 November 2022, it has been compulsory in Flanders to obtain an asbestos inventory certificate for any inter vivos transfer of a right of ownership, the constitution or transfer of a right of usufruct, emphyteusis, surface right or real right of use relating to an accessible structure built before 2001.

In practical terms, this applies to any pre-2001 building that can be entered. It is possible to enter a building as long as it consists of at least one roof supported by construction elements, and/or a person can normally stand or walk inside. A minimum height of 1.75 m is required when standing or walking. However, an asbestos inventory certificate is not required if the floor area of the building is less than 20m2. If there are several accessible buildings, the sum of the floor areas must be less than 20m2.

These include houses, flats, office buildings, garages, carports, garden sheds, sheds, etc.

For flats in compulsory joint ownership, an asbestos inventory certificate will not be required for common areas until 1 May 2025. An investment property sold to one and the same person, on the other hand, is not subject to compulsory co-ownership, so a certificate will also be required for the common areas from 23 November 2022.

It is planned that, by 31 December 2031, this type of certificate will be required for any accessible building constructed before 2001, and not only in the event of a transfer of rights relating to such a building.

In addition, OVAM has specified that an asbestos inventory certificate is only required when the transfer involves a new owner or a new holder of a right in rem (usufruct, bare ownership, etc.).

In addition to sales, gifts of property with or without reservation of usufruct, and contributions of property to a matrimonial community are also affected by this new legislation. However, it does not apply to agreements containing an accretion clause or to divisions where there is no new owner.

The notarial deed must state whether a valid asbestos inventory certificate has been given to the purchaser. However, there is no general obligation for the purchaser to remove asbestos. However, buyers must exercise due diligence when carrying out maintenance or renovation work on the property: contaminated materials that are easily accessible as a result of the work must be removed by the buyer.

Important: if there is no asbestos inventory certificate, the purchaser may claim that the deed is null and void! This action for nullity can only be withdrawn if a valid certificate is finally provided and the purchaser waives the right to invoke nullity in the deed. What's more, the absence of a certificate could also be considered an environmental offence.

In principle, the certificate is valid for 10 years. It is reduced to 5 years when there is at least one material containing asbestos with a high material risk. Finally, a new certificate is required when the condition or situation changes (work has been carried out, new materials have been added, etc.).

The cost of such a certificate varies according to a number of criteria (type of property, year of construction, etc.). You can find a list of approved experts at https://ovam.vlaanderen.be/lijst-procesgecertificeerde-bedrijven.