Certificate of conformity when selling a home in Flanders: when do you need it?

A certificate of conformity when selling a home is not a general legal requirement in Flanders. In other words, you can sell your house without one. Even so, the document regularly turns up in a sales file, especially for a rented home or a property that was once declared unfit. In this article you will find out what the certificate actually is, when it matters in a sale and how it can affect the price and the negotiation.

What exactly is a certificate of conformity?

A certificate of conformity (conformiteitsattest) is a Flemish document in which the municipality confirms that a home meets the housing quality standards of the Flemish Housing Code (Vlaamse Codex Wonen). Those standards cover safety, health and basic comfort: is the electrical system safe, is there no damp problem that harms health, are there enough windows, is there running water and proper sanitation, is there any risk of carbon monoxide poisoning?

To obtain the certificate, the owner requests an inspection from the municipality. A housing inspector visits the property and assesses it using a technical report. If there are no defects, or they stay below the threshold, the mayor issues the certificate. It is in principle valid for ten years, but it can lapse earlier, for example when the home is later declared unfit or uninhabitable.

Worth knowing: the certificate belongs to the home, not to the owner. If you sell the property, a valid certificate simply remains in place for the new owner. The cost and the exact application procedure differ from one municipality to the next. Your local housing department can give you the current information.

Is a certificate of conformity required when selling a home?

No. When you sell a home in Flanders, there is no general obligation to present a certificate of conformity. The notary will therefore not ask for it as standard, as they do for the EPC (the Flemish energy performance certificate), the asbestos certificate or the electrical inspection report.

The certificate is first and foremost a tool for the rental market. A number of Flemish cities and municipalities require it through their own local regulations for (certain) rental homes, for example older buildings or rooms and studios. Where such a local requirement applies, a home without a valid certificate may not be rented out, or the landlord risks a penalty. You can find the rules for your municipality on its website or at the local housing office.

Also, do not confuse the certificate of conformity with other documents that are mandatory when you sell. The electrical installation inspection report is sometimes loosely called a "certificate of conformity" too, but it is a different document with its own legal basis. The same goes for the asbestos certificate, the soil certificate and the sewer inspection. You will find a full overview in our article on which documents you need to sell your home.

When does the certificate still play a role in your sale?

Even though it is not mandatory, there are situations in which a certificate of conformity makes the sale noticeably easier.

• You are selling a rented home. A buyer who sees the property as an investment wants to know whether they can keep renting it out without problems. If the home is in a municipality with a local certificate requirement, a valid certificate is almost a precondition for them. You can read more about that situation in our article on selling a rented home.
• You are selling an investment property with rooms or studios. It is precisely for this type of property that municipalities often impose stricter rules. Without a certificate, the buyer first has to arrange an inspection themselves, with no certainty about the outcome.
• The home was once declared unfit or uninhabitable. A new certificate of conformity then shows in black and white that the defects have been fixed. That removes an important doubt for buyers and their bank.

In these cases the certificate works as supporting evidence that shortens the discussion about the condition of the home. A buyer who does not have to guess at hidden defects usually makes an offer with more confidence.

What if your home was declared unfit or uninhabitable?

This is where the real point of attention lies for sellers. A home that the mayor has declared unfit or uninhabitable is put on a municipal register. That information is not secret: for every sale the notary requests property information from the municipality, and an entry on that register shows up in it.

For you as a seller, that means two things. First, you have to inform the buyer correctly. A buyer who only discovers at the deed that the home is on that register feels misled and can challenge the sale or demand a price reduction. Second, such an entry pushes the price down, because the buyer has to factor in renovation work and possible levies. Municipalities can impose a levy on homes that stay on that register. A new owner often benefits from temporary exemptions, but the conditions vary by municipality.

Broadly speaking, you have two options. You fix the defects yourself, request a new inspection and sell with a certificate of conformity. Or you sell the home as it is, at a price that reflects the renovation. Which choice brings in the most depends on the scale of the work and on the local market. A free valuation gives you a first idea of the value in both scenarios.

Should you apply for a certificate before the sale?

For an ordinary family home that you live in yourself, a certificate of conformity adds little. Buyers rarely ask for it and the notary does not need it. Your time is better spent on the mandatory certificates and on presenting your home well.

It is a different story when your target buyers are mainly investors. If you are selling an apartment, studio or investment property in a municipality with a local certificate requirement for rental homes, a valid certificate can increase the number of interested buyers. Do allow for the lead time: a few weeks can pass between the application, the housing inspector's visit and the issue of the certificate. So apply well before you put the home on the market.

Not sure whether the certificate is worth it for your property? A local estate agent knows the municipal rules and knows which buyers are active in your area. By comparing estate agents you can quickly find an agency that knows your type of home well.

How Brussels and Wallonia deal with this

The certificate of conformity in this form is a Flemish instrument. Brussels and Wallonia have their own rules on the quality of (rental) housing, with different procedures and different names. Wallonia, for example, has a rental permit for small homes and student rooms, and Brussels applies the standards of the Brussels Housing Code. There too, such a document is not a general condition for selling a home, but it can carry weight when selling a rented property.

If you are selling a home outside Flanders, check with the municipality or the region which documents apply to your situation. The rules change, so rely on the region's official sources rather than on older information.

In conclusion

A certificate of conformity is not mandatory when selling a home in Flanders, but it is not without importance either. For a rented home or an investment property it can make the sale go more smoothly, and for a home that was once declared unfit it helps determine the price and your duty to inform the buyer. Map out your situation early, gather the mandatory certificates and get advice from someone who knows the local rules. Want to know which estate agent in your region can help you best? Compare up to three accredited estate agents for free and without obligation.