Buying or selling part of a plot
Your customer may want to buy or sell a part. For example, he wants to sell a part of his garden to the neighbour. The plot boundary with the neighbors may not be ideal, for example there is little space to drive in the car or the fence has been placed incorrectly.
Tip. It is also possible that your customer owns two houses or building plots and that he wants to redistribute the gardens for optimal sales.
Need a sales permit? Such a subdivision permit is in any case required to divide a plot and to sell at least one of the newly created plots as building land. If, for example, it concerns a house with a spacious garden and you want to sell the garden as a separate building plot, you must apply for a subdivision permit. Even if you want to split a building plot into two, you will need a subdivision permit.
NB! In that case you have left for a long procedure. After all, you must submit a permit file and approval by the municipality can take up to 150 days.
If not, it’s a bit simpler. As long as you only want to make corrections to a part of the garden without selling it separately as building land, the situation is a bit simpler (see article 5.2.2. Flemish Spatial Planning Codex) .
How do you handle it then?
Measurement plan. In order to clearly describe the sold property in the compromise, the seller must contact a recognized surveyor who will draw up a measurement plan. This clearly indicates into which lots the cadastral plot is divided.
NB! Clearly agree in advance who will bear the costs of this measurement plan.
Notary asks the municipality for this. The division is only valid after approval by the municipality. The seller can request this himself, but in any case the notary will do this before the deed is executed. With such a question, you must add a recent cadastral extract and the measurement plan. Around in 20 days. The municipality then has 20 days to formulate comments. If you don’t hear anything, the question has been approved.
Waiting for the compromise? Before the deed is executed, it must be clear whether or not the demerger is accepted. The compromise can already be signed. It is of course best to provide as a suspensory condition in the compromise that the municipality must agree to the division of the plot.
A duty of information! In that case, the compromise must state that no subdivision or urban development permit has been issued to build on the land before the division. You also include a reference to Article 4.2.1 of the Spatial Planning Codex in the compromise.
NB! You also add the measurement plan as an appendix to the compromise. This will later be attached to the notarial deed and registered.
