A foreign company holds commercial property in Belgium. Its annual reporting obligations were straightforward until recently. Now, revised real estate legislation has introduced new disclosure and due diligence requirements that apply directly to non-resident owners. Missing the compliance window carries financial penalties and, in some cases, restrictions on property transfer. For international investors and businesses managing Belgian assets, the time to act is now.
Belgium's real estate regulatory system has undergone material changes effective from early 2025, tightening obligations around property ownership transparency, conveyancing (the legal process of transferring property title), and land register reporting for foreign-owned assets. Non-resident individuals and foreign-registered companies holding Belgian real property must satisfy enhanced disclosure requirements and update their records in the Kadaster (Belgian land register) before applicable deadlines. Failure to comply may result in penalties, blocked property transfers, and complications when executing a notarial deed (the mandatory authenticated instrument for Belgian property transactions).
This alert outlines what has changed, which categories of foreign owner are affected, and the immediate steps required to achieve compliance.
What changed and when it took effect
Belgian property legislation was amended through measures that entered into force in stages during 2025. The core changes touch three areas: ownership transparency, transaction due diligence, and land register accuracy.
Ownership transparency. Foreign owners – both individuals and corporate entities – must now register their ultimate beneficial ownership details with Belgian authorities when holding real property above defined thresholds. The obligation applies regardless of whether the property generates rental income. It is not limited to commercial assets; residential holdings are also captured.
Enhanced due diligence at conveyancing. Belgian civil law requires that every property transfer is completed by acte authentique (notarial deed) executed before a Belgian notary. The amended rules impose additional pre-transaction due diligence steps. Notaries must verify that the seller's land register entry is current and that any foreign entity in the ownership chain has satisfied its transparency filings before the deed can proceed. A title deed issued without this verification is exposed to challenge.
Land register updates. The Kadaster now requires affirmative confirmation – not merely passive registration – from foreign owners at defined intervals. Owners who acquired property before 2023 and have not refreshed their land register records face a retroactive updating obligation. The deadline for this retroactive update passed its initial phase, meaning owners still out of compliance are in a secondary grace period. That secondary window is finite.
For the tax dimension of Belgian property ownership. including registration duties and annual property income reporting. see our analysis of tax law in Belgium. This covers the fiscal treatment of foreign-owned real estate in detail.
Who is affected and threshold criteria
The changes apply broadly, but certain categories face the most immediate exposure.
Foreign-registered companies owning Belgian real property through a direct holding structure are captured from the first euro of asset value. There is no minimum asset threshold for the transparency obligation. A single office unit held by a non-EU holding vehicle triggers the full reporting regime.
Non-resident individuals owning Belgian residential or commercial property are equally affected. The land register update obligation applies to all holdings, not only those above a value floor.
Structures involving multiple ownership layers – common in cross-border real estate investment – face the most complex compliance path. Each layer in the chain must separately satisfy the beneficial ownership disclosure rules. A Belgian property held through a Luxembourg holding company owned by a non-EU fund requires disclosure at every level.
Property transfer scenarios. Any foreign owner contemplating a sale, donation, or restructuring of Belgian real estate in 2025 or 2026 must complete compliance before the notary can execute the deed. An incomplete land register entry or outstanding transparency filing will block the transaction. The practical consequence is a delayed or failed closing – a significant risk in time-sensitive transactions.
Lease and income-generating assets. Foreign owners letting Belgian property commercially must also ensure that their property transfer registration and due diligence records are current. Belgian tax legislation ties rental income reporting to the accuracy of the land register entry. A mismatch can trigger a tax audit as well as a regulatory penalty.
To receive an expert assessment of your Belgian property holdings and compliance exposure, contact us at info@ferrazwhitmore.com.
Immediate actions for foreign property owners
The following steps address the most pressing compliance obligations. They should be completed without delay, particularly for owners with transactions planned in the next six to twelve months.
- Audit your current land register status. Verify that the Kadaster reflects the current owner of record, the correct ownership structure, and accurate beneficial ownership details. Discrepancies must be corrected through a formal rectification process before any transaction can proceed.
- Confirm notarial deed records. Retrieve and review the original notarial deed for each Belgian property. Confirm that the deed correctly identifies all parties in the ownership chain. Where the chain has changed – through restructuring, inheritance, or corporate reorganisation – an updated deed or notarial confirmation may be required.
- File beneficial ownership disclosures. Foreign corporate owners must submit updated beneficial ownership information to the relevant Belgian register. This step is distinct from the land register update and carries its own deadline. Engaging a lawyer in Belgium with experience in cross-border property structures is the most reliable way to confirm what has already been filed and what remains outstanding.
- Assess pre-transaction due diligence requirements. If a sale or restructuring is planned, instruct Belgian counsel to conduct a full title deed and land register review at least eight to twelve weeks before the intended closing date. This provides time to resolve any defects before the notary is engaged.
- Review tax reporting alignment. Confirm that income and ownership declarations filed with Belgian tax authorities are consistent with the updated land register records. Inconsistencies between the two create dual exposure – regulatory and fiscal.
For a comprehensive review of how these changes interact with your existing Belgian property portfolio, our real estate practice in Belgium covers the full range of ownership, transfer, and compliance matters for international clients.
Owners with property in multiple EU jurisdictions should also review the parallel regulatory alert covering real estate regulation changes in Portugal, where similar ownership transparency obligations have been introduced.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our real estate practice assists foreign investors, holding companies, and private clients in managing Belgian property assets in full compliance with evolving regulatory requirements. We combine Portuguese civil law expertise with English common law tradition to deliver cross-border property law solutions. Our attorneys have advised on cross-border conveyancing, land register rectification, and notarial deed structuring across both civil law and common law systems. The firm's EU base provides direct access to Belgian, Portuguese, and broader European regulatory regimes. For a preliminary review of your Belgian property compliance position, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.
Author: Daniel Ferreira
Author title: Managing Partner
Published: February 09, 2026