A property on the eye? Or planning to sell? Check in advance what is included in the home transfer. Because what exactly belongs to ‘a house’ and what doesn’t? And more importantly: record it in your compromise. For example, there is no discussion afterwards if the seller takes stove, curtains or garden lighting with him…
Including land and house …
“When you buy a house, it is normally only the real estate. Without the household effects”, explains lawyer Gregory Grouwels. “In concrete terms, this means the land, the building and the furnishings that you cannot remove without breaking or damaging them.”
… exclusive household effects
What then legally falls under the household effects? “These are almost all the household effects in the home,” says Grouwels. “Such as household goods, upholstery and furnishing. Also everything that serves as decoration”.
3 x Real Estate
Seems clear. Yet in practice this is not always the case. And sellers assume that certain goods are not included in the purchase price. “This is because the Civil Code contains various types of immovable property. These are all part of the transfer of ownership. Unless you make other agreements with the seller.”
This requires an extra word of explanation. “A property can be immovable by its nature, by its purpose or by the object to which it relates”.
- By nature
“The first category includes building land and houses, but also water pipes, for example. They are an integral part of the house in which they are installed.
- By destination
“The second category is all movable objects that are permanently attached to the building. For example, a mirror is of a permanent nature if it is contained in woodwork that is part of the boarding,” Grouwels explains. “The same applies to an image in a specially designed niche. And for all movable objects fixed with plaster, lime or cement.
- By object to which it relates
“Examples of the third category are rights in rem established on an asset, such as easements or usufruct.
- Lighting and curtains: if they are not anchored in the house, the seller may take them with him. Recessed spotlights in cutouts made to measure are not allowed.
- Staircase: a carpet in which certain decorative motifs or decorative elements of the home return, is according to the law a permanent connection. And thus included in the home transfer.
- Radiators or stoves: if they are part of the heating system, they belong to the house and the purchase price.
Avoiding discussion = listing goods
“Avoid discussions. Make a list of goods included in the purchase price. And add them to your compromise”, concludes Grouwels.
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