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    Giving & bequeathing · Notarial deeds

    Donation of real estate

    Discover our guidance ↓

    To begin with

    ← All notarial deeds

    You want to pass on your home. What do you want to keep for yourself?

    Gifting a property with attention to your housing security, income and family.

    Make a non-binding appointmentRequest advice online
    “A child wants security, a partner wants peace, an adviser wants progress. Their needs may be understandable without having to determine your decision-making pace.”
    Paul Wellens

    Your questions, step by step

    Giving a home has consequences for you and your loved ones. We will discuss how you can protect your own housing security and income.

    Why do I go to the notaire for this?

    A gift of real estate is done by notarial deed. The notaire examines what you can transfer and how you, for example, retain your right to live there or your income.

    How do I gift a house or land?

    1. Determine which property or share you want to gift and have the value assessed.

    2. Have ownership, loan, use and conditions examined.

    3. Discuss the costs and the draft; then the deed follows.

    How does this proceed and how long does it take?

    The planning depends on property searches, bank inquiries and your choices. A gift does not automatically cancel a loan.

    Have any desired date assessed for feasibility in advance.

    Which documents should I provide to the notaire?

    Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.

    Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.

    Where can I find this?

    Provide the report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.

    Where can I find this?

    Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

    Where can I find this?

    Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

    Where can I find this?

    Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

    Where can I find this?

    Write down full names and contact details. Bring your identity card to the appointment. Report foreign documents or representation; the office will tell you which additional documents are needed.

    These check marks only remain on the opened page and are not sent to the office.

    Open the checklist: ready, need help or not applicable
    What does the notaire do and investigate?
    • Which property rights can you gift and what burdens exist?
    • Which real estate searches and bank enquiries are necessary?
    • Are your usage rights and conditions clear?
    • What inheritance and tax consequences does the gift have?

    We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

    What should I pay attention to before I sign?

    Check the gifted share, reserved rights, maintenance costs and any return of the asset. Ask what a later sale requires.

    Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

    What else must I arrange afterwards?

    The office monitors registration and transfer. Adjust insurance and rental administration if necessary and keep agreements about income and costs.

    Transfer documents, insurances and practical aftercare
    Which practical tips can help me?

    First calculate what you need yourself for living and care. Comparing only the tax is insufficient.

    What do these words mean?
    Bare ownership
    ownership without the right of use and proceeds which lie with the usufructuary.
    Reservation of usufruct
    the donor retains the use or income within the deed.
    Where can I find more explanation or help?

    You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

    We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

    Ask your question to the officeMake an Appointment

    General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

    On this page

    What does this regulate?

    01 · UNDERSTAND

    When gifting real estate you transfer ownership rights during your lifetime. A notarial deed is required for this. What exactly you gift and which rights or burdens you retain will be discussed beforehand.

    The proper preparation starts with your own future: where will you live, which income remains available and what if your health or family situation changes? Previous gifts and the position of the other children also deserve attention.

    A RECOGNISABLE SITUATION

    You want to gift the house to your children but continue living there. We discuss the reservation of usufruct, the division of costs and what happens when living at home is no longer possible.

    What requires attention?

    02 · CHOOSE CONSCIOUSLY

    A gift is basically irrevocable. Retaining usufruct does not mean you keep full ownership. For a later sale or change others may have to cooperate.

    Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.

    More points to consider for your own situation

    An elderly couple walking together

    03 · YOUR INTENTION

    You do not need to be able to answer all this in advance. Your doubts are also a good starting point.

    Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.

    1. Do you want to continue living there or keep rental income?

      Note what you want to retain: staying in the house yourself, receiving rent, or both. Discuss whether a gift with reservation of usufruct suits this, and also have recorded who bears costs and what a later sale means.

    2. What do you need for living expenses and possible care?

      Make an overview of your monthly income, fixed expenses and available reserves. Also consider maintenance of your home and extra help or care. Base the gift on what you may need yourself.

    3. Do you want to treat children equally, and how do you take earlier assistance into account?

      List previous help per child: amounts, dates and the agreements made at that time. Bring deeds and payment proofs. Note whether you mean the same amounts or a broader family balance by equal treatment.

    4. What if the donee dies before you?

      Discuss a return clause: an arrangement in case the recipient dies before you. Indicate what you would wish then, also if that person leaves a partner or children. The precise conditions must suit your intention.

    5. Are there debts, tenants or co-owners?

      Bring the deed of ownership, credit details and any lease agreement. Mention who is a co-owner. This allows us to check which rights of others and which obligations your plan need to address.

    What do we need, and why?

    04 · PREPARATION

    Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.

    Identity and contact details

    To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.

    Deed of ownership and available valuation

    To investigate the property, the rights and the value.

    Overview of previous gifts

    To discuss the relation to the later estate.

    Marriage contract and family overview

    To understand ownership and the involved family interests.

    Information on credits and rental

    To address burdens and existing rights.

    Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.

    What does NotaLegal do for you?

    05 · GUIDANCE

    We compare appropriate conditions, explain which control you retain and estimate the costs and taxes for the specific transaction. Afterwards, we prepare the deed and its formalities.

    You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.

    Know in advance what to expect.

    06 · FEES

    Statutory tariff where legally established

    For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.

    You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.

    Read more

    Notarial gift of money or investments Notarial will Deed of succession

    Substantive background: notaris.be · Gift brochure

    General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.

    Calculate first, discuss afterwards

    USEFUL FOR YOUR PREPARATION

    Use the official tools at Notaris.be. Cost estimates are indicative; discuss the result for your specific case.

    View all calculation modules →

    Frequently Asked Questions

    FROM READING TO PREPARATION

    Already a first answer.

    Do I need to know already which deed I need?

    No. Start from what you want to arrange. An existing deed, a draft or your own description helps us ask the right questions. The explanation on this page gives you a first idea of the possibilities; the concrete elaboration follows from your situation.

    What can I prepare now?

    Gather the documents mentioned on this page for preparation. Also note what you want to keep, who is involved and which date is relevant. If you do not yet have everything, mention what is missing at your appointment.

    Can I first have a draft discussed?

    You can submit your question about a draft before proceeding. Indicate if there is a response deadline and provide the complete version, including attachments. We will coordinate with you on the control and guidance you require.

    EASY PREPARATION

    Your checklist: gifting real estate

    Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.

    Open your checklistDownload the checklist (PDF)

    Useful websites on this topic

    RELIABLE CONTINUED READING

    View sources and practical websites
    Notaris.be · LivingExplanation on buying, selling and preparing real estate arrangements.Housing passportThe digital passport with available government information about your home.Post-Intervention File (PID) for works and saleThe PID consolidates information for safely working on a building later. See when it is necessary and how it is delivered to the new owner upon transfer. Discuss a missing file with us in good time.Premium seeker: Flemish, provincial and municipal premiumsFind which housing and renovation premiums might suit your home and municipality. Verify the conditions with the body granting the premium before ordering works.Flanders: renovation grants and tax benefitsA starting point for support with renovation. Review beforehand the conditions, technical requirements and application periods for your planned works.Flanders: My Renovation PremiumCheck which works qualify, which conditions apply to your situation and which documents you need for an application.

    FROM FIRST QUESTION TO NEXT STEP

    You do not have to figure it out alone.

    1. Your intention

      We discuss what you wish to arrange and who will bear the consequences.

    2. From documents to agreements

      We examine the necessary information and explain the proposed text.

    3. Signing and follow-up

      You decide after explanation. We discuss the completion and where you can find your documents.

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