When may a public body buy first in Wallonia?
Within a perimeter set by the Walloon Government a public body may buy a property first when it is sold: the droit de préemption (CoDT art. D.VI.17 and following). The seller declares the intention to sell with price and terms, and the beneficiary has fifty days to decide. Silence counts as a waiver.
Where it can apply
The Government decree sets the perimeter, the purpose and the beneficiaries with their order of priority (art. D.VI.18, D.VI.19 and D.VI.22). It can cover, among others, a ZACC, a public services zone, a site à réaménager (SAR), an urban renovation or revitalisation perimeter and a town centre area (art. D.VI.17). A perimeter applies for at most fifteen years, renewable each time by at most five years (art. D.VI.21).
A purchase involves other points too, such as the Walloon PEB certificate and unpermitted building works in Wallonia. 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.
Who may buy first
- the Walloon Region;
- the municipality, its autonomous agency and the CPAS (public social welfare centre);
- the Société wallonne du Logement and the housing companies it approves;
- the intercommunales (inter-municipal bodies).
How it works
- The seller or their notary sends a déclaration d’intention d’aliéner with price and terms to the Government and the municipality (art. D.VI.25).
- The beneficiary decides within fifty days; the Government notifies the decision within twenty days after that (art. D.VI.27).
- If it declines or stays silent, the seller may sell within three years, not below the declared price (art. D.VI.29).
- At a public sale the notary declares it at least sixty days in advance, and the beneficiary can still take the place of the highest bidder (art. D.VI.25 and D.VI.28).
What it means for you as a buyer
Your purchase only becomes final once the beneficiaries have waived their right. A sale between spouses or relatives is not covered (art. D.VI.20). If the right was ignored, the beneficiary can claim nullity up to five years later and take your place (art. D.VI.31); the notary therefore only executes the deed once it is established that the rules were followed (art. D.VI.32).
What the Perceelscan shows
Section 08 of the report shows whether the plot lies within a pre-emption perimeter, and whether it is in a SAR, an urban land-consolidation perimeter or a renovation or revitalisation perimeter, with the name from the register.
How long does the public body have to decide in Wallonia?
Fifty days after receiving the seller’s declaration, and the Government notifies the decision within twenty days after that. Without a decision, the right counts as waived.
Does the Walloon right of pre-emption apply to a sale within the family?
No. A sale between spouses and between relatives is not covered, nor are a few other cases listed in art. D.VI.20 of the CoDT.
In the other regions
- In Flanders: What is a right of pre-emption (voorkooprecht) on a plot?
- In Brussels: What does a right of pre-emption mean in Brussels?
Sources
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