What is a right of pre-emption (voorkooprecht) on a plot?
A right of pre-emption gives a public authority or another beneficiary (begunstigde) the right to buy a property that is being sold before anyone else, at the same price and on the same terms as the prospective buyer. If the plot lies in a zone with a Flemish right of pre-emption, the notary first offers it through the online desk e-voorkooploket. In a private sale (verkoop uit de hand), meaning not at auction, the beneficiary has 60 days to decide; only then does the buyer know whether the purchase goes ahead as far as the right of pre-emption is concerned.
Which rights of pre-emption exist
A Flemish right of pre-emption only applies to a sale, and only if at least half of the plot lies within a designated area, which puts it on the list kept by Digitaal Vlaanderen. Examples:
- spatial planning: in zones designated by a final spatial implementation plan (ruimtelijk uitvoeringsplan, RUP), for at most 15 years; the plan sets who holds the right;
- housing: in zones for housing that the municipal council designates, for at most 15 years, for the housing company (woonmaatschappij), Vlabinvest and the municipality, in that order;
- nature: among other places in the Flemish Ecological Network (Vlaams Ecologisch Netwerk), for the Vlaamse Grondenbank, the Flemish land bank;
- water: in designated flood areas (afgebakende overstromingsgebieden) and riverbank zones (oeverzones), for the Flemish Region, De Vlaamse Waterweg or the Vlaamse Grondenbank;
- land consolidation (ruilverkaveling), which rearranges farm plots, rural development (landinrichting), seaports (zeehavens) and complex projects (complexe projecten): in the areas designated for them.
There is no Flemish right of pre-emption for immovable heritage (onroerend erfgoed), and the right of pre-emption for urban renewal (stadsvernieuwing) was abolished at the end of 2016.
A purchase involves other points too, such as the glossary for buyers and an easement. What a report on an address costs is listed under Perceelscan pricing. You can work out the taxes on a purchase for free with the registration duties calculator and the property tax calculator.
How the notary offers it
The notary checks the Flemish rights of pre-emption in the e-voorkooploket of the Vlaamse Landmaatschappij (VLM), which is only for notaries and beneficiaries. If a right applies to the plot, the notary offers it through the desk.
In a private sale, the beneficiary must accept within sixty days. These are calendar days, counted from the day after the desk received the offer, not from the signing of the preliminary sales agreement (compromis); if the last day falls on a weekend or a public holiday, the deadline does not move. If the beneficiary waives the right, that is irrevocable.
In a public sale (openbare verkoop), the deadlines are shorter: at an auction in the saleroom, any tenant farmer (pachter), a farmer who leases the land, and then the beneficiaries present decide at the last session, at the last bid; in an online auction, the beneficiary must respond no later than the first working day after the notary’s notification.
When no right of pre-emption applies
No Flemish right of pre-emption applies to a sale:
- to the spouse, a legal cohabitant or someone who has lived with the owner in a joint household for at least a year;
- to descendants of the owner or of the owner’s spouse, including adopted children, and to their spouses;
- to a co-owner and the co-owner’s relatives in the same degree;
- to a tenant farmer who has leased the land for at least one calendar year, or when the tenant farmer exercises their own right of pre-emption.
According to the VLM, it also does not apply to a gift, an exchange, an inheritance or a division: these are not sales. Each right of pre-emption may also have exceptions of its own.
Where to check it yourself
On the ‘Recht van voorkoop’ map on Geopunt you can see the Flemish rights of pre-emption for each plot; consulting it is free. The map only shows what the beneficiaries have uploaded: the right of pre-emption of a tenant farmer and one arising from a contract, such as a lease, are not on it. The absence of a right of pre-emption on the map therefore does not mean there is none.
Under the Flemish Spatial Planning Code (Vlaamse Codex Ruimtelijke Ordening), only the right of pre-emption from a RUP must appear in the advertisement, and according to vlaanderen.be, owners are not notified of a designation for housing.
What does this mean if you are buying a house?
If a right of pre-emption applies to the property, you sign the preliminary sales agreement under a suspensive condition (opschortende voorwaarde): the purchase only becomes final if the beneficiary does not exercise its right. If it does, it buys in your place, at the same price; a right of pre-emption is not an expropriation (onteigening) and not a building ban. So you wait up to 60 days for certainty. For leased farmland, the tenant farmer’s right of pre-emption comes first, with its own deadline: check the current rule with your notary.
The right of pre-emption under the Flemish Housing Code (Vlaamse Codex Wonen) does not apply if you buy the property as a private individual (natuurlijke persoon) as your only own home, and you and the other buyers together do not fully own, or hold the usufruct (vruchtgebruik, the use and income) of, another home or building plot on the day of the preliminary sales agreement. Your notary will tell you which exceptions apply to your purchase.
If a right of pre-emption is disregarded, the beneficiary can ask to take the buyer’s place, repaying the price, or claim damages of 20% of the sale price.
What the Perceelscan shows
For each address, the Perceelscan shows whether a right of pre-emption applies to the plot. It also shows the plan that applies, plans in preparation, expropriation plans (onteigeningsplannen), designated flood areas and riverbank zones, and the environmental permits (omgevingsvergunningen) on the plot and next door.
The right of pre-emption of a tenant farmer and one arising from a contract are not in it, just as they are not on the map. It does not show owners’ names and is not a certificate or advice from a notary; when a property is sold, the notary checks the current situation in the e-voorkooploket.
In the other regions
- In Brussels: What does a right of pre-emption mean in Brussels?
- In Wallonia: When may a public body buy first in Wallonia?
Sources
- Vlaanderen.be: rights of pre-emption in Flanders (in Dutch)
- Geopunt: the ‘Recht van voorkoop’ map (in Dutch)
- Flemish Codex: Pre-emption Rights Harmonisation Decree (in Dutch)
- VLM: exceptions to the right of pre-emption (in Dutch)
- Notaris.be: a right of pre-emption applies to the property I want to buy (in Dutch)
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