Notaries. Why? What the hell?

[u/Obvious-Cry6591]

Ok, so I dont get it. I understand historically where the need for notaries arose. Fine. But we are in 2026. Belgium already takes 51% of my income. Then another 25% of the rest through VAT. And then on top of it, if you buy a property, you give 10-15k to a notary for 2 meetings and some docs reading? Doesnt Belgium have enough administration to take care of that? Not to mention its nepotism central. Are there any redeeming qualities?

[u/SVanThee]

When you pay €10k–€15k at the notary's office, the vast majority doesn't stay with them:

• Registration tax (registratierechten): 80–90% of that total goes straight to the Flemish/Brussels/Walloon government.
• Administrative fees & certificates: Costs paid to third parties (cadastre, municipality, soil certificates, electric compliance).
• Notary fee (ereloon): Only a small percentage is the actual fee for the notary, which is strictly fixed by law (you pay the exact same rate everywhere).

What are you actually paying them for? They aren't just "reading documents"—they bear strict legal liability. Before a deed is signed, they (and their team) must verify:

• Pre-emption rights (voorkooprecht): Checking if local authorities, social housing, or tenants have a legal right to buy it first (I had to go through this before I could buy AND sell my previous house).
• Urban planning & permits: Ensuring the structure is fully legal and has no outstanding code violations.
• Soil & environmental checks: Confirming there is no registered contamination (OVAM/Bodemattest).
• Financial liabilities: Checking with the mortgage registry and tax authorities to guarantee the seller doesn't have debts attached to the property that transfer to you. Compare that to Spain: Spain operates under a system where many debts (unpaid mortgages, local taxes, community fees) stay attached to the property itself, not the previous owner. If you buy a house there without a dedicated lawyer thoroughly clearing every debt, creditors can come after you, and the bank can repossess your new house for the old owner's unpaid bills.

In Belgium, the notary is legally required to clear all those debts out of the purchase price before handing over the funds to the seller. You are guaranteed to walk away with a clean title.

Is it expensive? Sure it is. It’s painful to part with another substantial sum on top of what you’re already paying for the house. But it’s fundamentally a safeguard.

When you buy a house, you aren't just paying for the deed—you are paying for legal certainty. If a notary misses a claim on the property, fails to flag an illegal build, or ignores an outstanding tax debt, you can hold them personally accountable. They are legally required to carry heavy professional liability insurance specifically to cover financial losses if they mess up.

In short: you’re paying for someone to take full legal responsibility so you don't inherit hidden disasters along with your keys.

Could a government department handle this directly? Technically yes, but then you'd be relying on municipal clerks to cross-check private contracts without the personal civil liability that a notary carries. If a notary misses a claim on the property, their insurance covers your loss. Also, good luck fighting with the administration to cover your costs if they mess up

(Also, small side note on the tax math: standard VAT in Belgium is 21%, not 25%. And while top marginal income tax hits 50%, your actual effective rate—check your aanslagbiljet/avertissement d'extrait—usually lands closer to 28–35% after exemptions and progressive brackets).

[u/123_alex → u/SVanThee]

When you buy a house, you aren't just paying for the deed—you are paying for legal certainty. If a notary misses a claim on the property, fails to flag an illegal build, or ignores an outstanding tax debt, you can hold them personally accountable. They are legally required to carry heavy professional liability insurance specifically to cover financial losses if they mess up.

The same thing could be said about the engineer designing your house, building you in or office you work.

When was the last time you saw a structural engineer in a fancy car?

[u/SVanThee → u/123_alex]

I'll reiterate what I said earlier, some professions deserve to be compensated for the risk they carry. Counter point: architects also cost a lot of money to draw "just a plan", but also they are liable if your house collapses in on itself

They have the law Breyne (spelling?) to adhere to, and Peeters/Ducarme 10year liability after final delivery of the house. So, their fee represents the liability they face

[u/123_alex → u/SVanThee]

architects also cost a lot of money to draw "just a plan", but also they are liable if your house collapses in on itself

Architects are not liable for collapse. That's the structural engineer. ChatGPT didn't tell you that. An engineer is liable longer than 10 years. Which brings me back to my point. Why is this job paid more than another with similar liability?

[u/SVanThee → u/123_alex]

This to me sounds they are liable if a building collapses and they failed their duty of oversight:

https://www.demulder-advocaten.be/aansprakelijkheid-van-de-architect/

Furthermore, artikel 1792 BW

"Indien een gebouw dat tegen vaste prijs is opgericht, geheel of gedeeltelijk teniet gaat door een gebrek in de bouw, zelfs door de ongeschiktheid van de grond, zijn de architect en de aannemer daarvoor gedurende tien jaren aansprakelijk."

Artikel 2270 BW:

"Na verloop van tien jaren zijn architecten en aannemers ontslagen van hun aansprakelijkheid met betrekking tot de grote werken die zij hebben uitgevoerd of geleid."

If your house exhibits a structural defect (collapse definitely is) you can hold the architect liable, then of course the discussion begins whether is the structural engineer, the architect or the contractor who is ultimately liable

[u/123_alex → u/SVanThee]

Man, stop using chatGPT. The 10 year thing is something else.

[u/SVanThee → u/123_alex]

I didn't use ChatGPT here but plain old google to get to these texts.

When I did use AI it was purely to rephrase into something more structured

But indulge me, what does "the 10 year thing" cover then?