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The property, and what it would actually require.
Grimbergen · Property and consultancy since 2022
Before the
Before the
agreement.Not the deed.
In Flanders the soil certificate has to be obtained and its content given to the buyer before the transfer agreement is concluded. Having it ready for the notary is too late, and the buyer can then ask for the sale to be annulled.
- 2022since
- Beforethe agreement
- OVAMcertificate
- Nullitythe remedy
What we do
Four things, in the right order
The soil certificate is requested and its content communicated before an agreement is concluded, which is earlier than most people expect.
Buying and selling
Buying and selling property we own, as principal rather than as an agent.
See the programThe soil certificate
Obtained and communicated before an agreement, not before the deed.
See the programRisk activities
Where land accommodates or accommodated a classified risk activity.
See the programManagement consultancy
Business and management consultancy, with the regulated boundaries respected.
See the program
How it works
How we work
Request the soil certificate and communicate its content before an agreement rather than before a deed, deal with risk activity obligations before transferring rather than afterwards, state that we are a principal and not an agent, and refer what belongs to a regulated profession.
Information before agreement
Certificate content, planning, energy, condition.
Then the agreement
Concluded in the right order, not retrospectively.
Then the deed
With the notary instructed properly.
Working together
What it costs
Priced per property or per engagement in euro. Notary fees, registration duties and certificate costs are payable to those parties, not to us.
Buying from us
A property we own, with the information before the agreement.
- Soil certificate content given first
- Planning position stated
- Energy performance provided
- Unknowns declared as unknown
- No agency fee to us
Selling to us
We buy on our own account, and charge you nothing.
- No fee at any stage
- Our capacity stated plainly
- Independent advice encouraged
- Walk away before the agreement
- Sequence respected, not rushed
Consultancy
Business and management advice.
- Commercial advice only
- Not tax or accounting advice
- Not legal advice
- No investment advice
- Referred where reserved
Every engagement is quoted after a free consultation. No subscription.
How we work
The sequence is the obligation
MICHAEL DIERICKX BV was created on 29 March 2022 and is registered with the Crossroads Bank for Enterprises under number 0783.974.685, with its registered office at 56 Ringlaan in Grimbergen, Flemish Brabant. The registered activities include buying and selling the company's own real estate and business and management consultancy.
Flemish property transfers contain a timing rule that catches sellers who have done everything else right. A soil certificate must be requested from the regional waste authority and its content communicated to the acquirer before the transfer agreement is concluded. The moment that matters is the agreement, usually the compromise, and not the notarial deed. That distinction is where it goes wrong, because the common assumption is that having the certificate in the file for the notary is sufficient, and it is not: the obligation was to inform the buyer before they committed, and a document produced afterwards cannot retrospectively have informed anyone. The consequence is not an administrative penalty. The acquirer can seek annulment of the transfer, a remedy that undoes the sale entirely at the instance of the party who was kept in the dark. Where the land accommodates or has accommodated a classified risk activity, further obligations apply before transfer. We also buy and sell on our own account rather than as an estate agent, so the protections attaching to dealing with a registered agent do not apply here, and we would rather state that than leave anyone to assume it.
Frequently asked
The questions we get most
When exactly is the soil certificate needed?
Before the transfer agreement is concluded, which in practice means before the compromise is signed rather than before the deed is passed. It must be requested from the regional waste authority and its content communicated to the buyer at that point. The frequent error is to treat it as something the notary assembles for the deed, which is too late, because the obligation was to inform the buyer before they committed themselves.
What happens if it was not done in time?
The acquirer can seek annulment of the transfer. That is a remedy which undoes the sale rather than fining anyone, and it sits with the party who was deprived of the information. Producing the certificate afterwards does not repair the failure, because the duty was one of prior information and a document cannot inform someone retrospectively. It is a good example of a rule where the timing is the obligation.
What if the land has an industrial history?
Then more is required before a transfer can take place, including a preliminary soil investigation where the land accommodates or has accommodated a classified risk activity. These are exactly the transactions where the pressure to sign now and investigate later is highest, because both parties are keen and the work takes time. A transfer that later has to be unwound costs everyone far more than waiting would have.
You are not an estate agent. What does that change?
It changes which protections exist. We buy and sell for our own account, we do not act for other owners, we do not market third-party property and we do not hold client money. The professional registration and the protections that attach to dealing with a registered estate agent therefore do not apply here. We say so plainly, because assuming they apply is the sort of mistake that only becomes visible when something has gone wrong.
Will you tell us what a property is worth, or what it will be worth?
We will tell you what we know about a property and what we do not. We do not forecast value, rent, yield or resale price, and nothing on this site is an inducement to acquire property as an investment or any form of investment advice. Anyone projecting a return on a specific property is describing a hope with a number attached to it.
Can you advise on the tax on a sale?
No. Management consultancy is not a regulated profession but it cannot stray into the ones that are. Tax advice and the preparation of accounts are reserved to professionals registered with the competent institute, legal advice and representation to lawyers, and investment advice to persons authorised by the financial markets authority. Notarial formalities and registration duties are for the notary instructed in the transaction.
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