Publication of the Royal Decree on Real Estate Intermediation Contracts: Effective from February 1, 2024

A Royal Decree regarding real estate intermediation contracts has recently been published in the Belgian Official Gazette. This regulatory update, with a significant impact on your activities as a real estate agent, will come into effect starting from February 1, 2024. We would like to emphasize that this new regulation will apply to all real estate intermediation contracts concluded from the effective date.

Key changes to note:

1. Scope Expansion: The Royal Decree broadens its scope to include all professionals, including real estate agents, architects, surveyors, etc. This represents a significant change compared to the previous regulation, which only applied to members of the IPI.

2. Extension of Withdrawal Period: The consumer withdrawal period is now extended to 14 calendar days. This change is an increase from the previous 7 working days if the contract was concluded within the real estate agent's establishment, and 14 calendar days if concluded outside the establishment.

3. Modification of Contract Writing Conditions: The consumer is no longer required to handwrite the date and precise address of the place where the contract is concluded.

4. Billing for Certificate Fees: The Decree now explicitly allows the real estate agent to charge fees for efforts in obtaining certificates, in addition to the cost of these certificates.

5. List of Required Certificates: A major change is the obligation for the real estate agent to annex a list of required certificates to the contract, giving the consumer the option to request these certificates themselves.

6. Notice Period for Indefinite Duration Contracts: In the case of indefinite duration contracts, the notice period to terminate the contract is now set at a maximum of 2 months.

7. Notice Period for Automatically Extended Fixed-Term Contracts: For fixed-term contracts automatically extended, the notice period to terminate the contract is a maximum of 1 month for contracts with an initial duration of 3 months or less, and a maximum of 2 months for contracts with an initial duration exceeding 3 months.

8. New Termination Clause with Variable Compensation: Also introduced is a termination clause allowing the consumer to terminate the contract for the future without cause, provided that the property is not sold or rented within the following 6 months. The compensation now varies, with a maximum of 50% if the contract is terminated during the first 3 months and 25% after this initial period.