The role of the notary in property purchases
When buying property in the Benelux, the notary is your legal partner from start to finish. In Belgium and Luxembourg, a notary's involvement is legally required — the deed of sale must always be notarised. In the Netherlands, you choose your own notary for the transfer deed (transportakte) and optionally the mortgage deed.
The notary verifies the title, land registry records, any existing mortgages and liens. They ensure the transfer is legally watertight.
The preliminary agreement (compromis)
In Belgium, you first sign a compromis de vente — a preliminary contract that is already binding. In the Netherlands, this is the koopovereenkomst, with a legal cooling-off period of three working days. In Luxembourg, the compromis is likewise binding after signature.
Between the preliminary agreement and the final deed, Belgian law allows a maximum of 4 months. In the Netherlands, this typically takes 4 to 8 weeks.
The notarial deed
On the day of signing, buyer and seller (or their authorised representatives) meet at the notary's office. The deed is read aloud, signed, and then registered with the land registry. In the Netherlands, the transfer deed and mortgage deed are signed on the same day.
In Belgium and Luxembourg, registration duties are calculated on the sale price. In the Netherlands, the buyer pays transfer tax (2% for residential, 10.4% for non-residential).
Costs and notary fees
In Belgium, notary fees are fixed by law (barema) and identical at every notary. Costs include registration duties (6% in Flanders, 12.5% in Wallonia/Brussels), notary fees and administrative costs.
In the Netherlands, fees can vary by office — always request at least 3 written quotes. Notary fees for a transfer deed can range from €700 to €1,500.
In Luxembourg, tariffs are regulated. Buyers benefit from the Bëllegen Akt: a tax credit of €20,000 per person (€40,000 for a couple) on their primary residence.
Tips for buyers
• Always request a pro-forma calculation before signing the preliminary agreement.
• In the Netherlands: compare at least 3 notaries on price and reviews.
• In Belgium: fees are identical, so choose based on service and specialisation.
• In Luxembourg: verify whether you qualify for the Bëllegen Akt.
• Always bring a valid identity document, proof of source of funds and bank statements.