The Enforcement Measures Register for Notaries and Real Estate Agents: Check First, Then Sell

Background: Flemish Enforcement Framework Decree

With the Flemish Enforcement Framework Decree (KVH), the Flemish authorities are introducing a new, uniform system for the enforcement of regulations. The aim is to streamline and, above all, digitalise what is currently a fragmented landscape of rules.

A key instrument in this reform is the Flemish Enforcement Platform, through which enforcement-related information will be centrally collected and shared. The enforcement measures register forms an essential part of this platform and will have the most immediate impact on real estate practice.

The Enforcement Measures Register

The enforcement measures register contains information on enforcement measures that may affect immovable property. This includes not only final decisions, but also preliminary steps such as formal notices and remediation claims.

As a result, risks, such as an illegal construction potentially subject to a demolition order, can be identified at a much earlier stage. This helps prevent situations in which a purchaser is confronted with far-reaching obligations only after completion of the transaction.

For notaries and real estate agents, this means that reliance on traditional searches will no longer suffice. The enforcement measures register will become an additional and mandatory source of information.

Mandatory Consultation for Every Transaction

From 1 April 2026 onwards, notaries and real estate agents must consult the enforcement measures register in every transfer of rights in rem, including sales and long-term leases. Notably, this obligation also applies to ongoing files that will only be finalised after that date.

This consultation is not a mere formality. The information obtained must be actively taken into account in the assessment of the file and, where relevant, communicated to the purchaser or transferee.

How to Consult the Enforcement Measures Register in Practice

Access to the enforcement measures register is provided through existing digital channels, facilitating its integration into daily practice.

Notaries will be able to consult the register via the iBOT application of Fednot, which provides access to all relevant information relating to a property.

Real estate agents will also be granted access, but in a more limited form. In practice, they will consult the register via platforms such as RealSmart or the Real Estate Information Platform (VIP), where extracts can be requested, comparable to urban planning information or soil certificates.

The register also includes a notification function. Those who consult the register at the start of a file may be automatically informed of new relevant information during the course of the transaction. In practice, this means that a single consultation may not be sufficient.

Enhanced Disclosure Obligations: More Than a Simple Search

The introduction of the enforcement measures register goes hand in hand with stricter information obligations.

Notaries must, prior to the execution of the authentic deed, disclose to the parties all relevant information that may affect the property. While personal data must be omitted from this disclosure, it must nevertheless be included in the authentic deed.

Real estate agents are required to include the same information in advertising and in the drafting of private agreements, again excluding any personal data contained therein.

The combination of a broader information source and explicit obligations significantly raises the standard for proper disclosure. Errors or omissions will become more readily apparent, thereby increasing liability risks.

Conclusion: A New Standard in Due Diligence

With the introduction of the enforcement measures register, real estate practice is evolving towards a system in which enforcement-related information is more readily and comprehensively available. Notaries and real estate agents will need to adopt a more proactive role in this respect. Failure to properly consult the register or to process the information entails a real risk.

The following checklist may therefore prove useful:

For every real estate transaction:

• The enforcement measures register must be consulted;
• Relevant information must be incorporated into advertising and contracts;
• The purchaser or transferee must be properly informed of all risks;
• Relevant information must be included in the authentic deed;
• The consultation must be administratively documented;
• Additional costs must be correctly reflected in the file.

In real estate transactions, in-depth knowledge of urban planning obligations and administrative analysis is essential. For this reason, the Real Estate and Public Law teams at Andersen work closely together, enabling clients to benefit from integrated and pragmatic guidance.

For any questions or assistance regarding the enforcement measures register and the Flemish Enforcement Framework Decree, our teams remain at your disposal.

Real Estate Team & Public Law Team – Andersen