NL
EN
FR
Belgium
Back to articles

VAT: Demolition/Reconstruction: Deal kept?

April 10, 2025

In order to avoid contradicting rules in our country's various regions, the federal government had announced in its coalition agreement that it was essential that projects carried out by professionals could also be marketed at the reduced VAT rate of 6% for demolition and reconstruction.

VAT: Demolition/Reconstruction: Deal kept?

The reduced rate of 6% was to apply to everyone!

As a result, current social conditions would be maintained, and the surface criterion would be tightened from 200m2 to 175m2 for delivery.

The draft program law mentions the following different situations:

  • For the principal – individual, the conditions for obtaining the scheme will be (unless amended):
    • After completion of the work:
      • The principal-individual uses the building as the sole and principal owner occupied dwelling and establishes its domicile there ;
      • The living surface area is maximum 200m2 ;
    • Electronic declaration to the Minister of Finance (+ copy to service providers):
      • The planning permission; and
      • The building contracts;
    • Tax due no later than 31/12 of the year of first occupation;
    • Invoices issued by the service providers must mention the elements justifying the application of the reduced rate, to  release the service providers from their liability.
    • Invoices issued by the service providers must mention the elements justifying the application of the reduced rate, to  release the service providers from their liability.
    • Invoices issued by the service providers must mention the elements justifying the application of the reduced rate, to  release the service providers from their liability.
  • The reduced rate will still be applied to current social benefits (long-term social rental).
  • For the principal – legal entity – the conditions for obtaining the scheme will be (unless amended):
    • Demolition-reconstruction of a building located on the same cadastral parcel;
    • Tax liability from June 1, 2025;
    • Destination:
      • for own and sole habitation of an individual whose living area is maximum 175m2
      • for long-term social rental
      • for long-term rental to an individual whose living area is maximum 200m2
    • Electronic declaration before the time when the tax becomes due or in the case of sale on plan before the time when the taxable event occurs by attaching (+ in case of co-contractor – copy given):
      • the planning permission
      • the building contracts 
      • the private agreement or notarial deed.
    • Invoices issued by service providers must mention  the elements justifying the application of the reduced rate, to release the service providers from their liability.
  • For long-term rental, the following conditions must be met:
    • After completion of the work:
      • Use as the sole and principal dwelling of the individual owner;
      • Living  surface area of maximum 200m2 ;
    • Electronic declaration to the Minister of Finance appended (+ copy to service providers):
      • the planning permission; and
      • the building contract;
    • Tax due no later than 31/12 of the year of first occupancy;
    • Invoices issued by service providers must mention the elements justifying the application of the reduced rate to release the service providers from their liability.

This is good news for property developers, although the difference in surface area maybe  discriminatory and unfounded. In addition to using controversial criteria, the differences in figures are meaningless.

Discover more about this topic?

I am looking for a specialist in

See more articles

Supreme Court Clarifies Deadline Calculation for Eviction Compensation under Commercial Lease Law
News

18.06.2025

Real Estate, Renting and Co-ownership

Supreme Court Clarifies Deadline Calculation for Eviction Compensation under Commercial Lease Law

On March 28, 2025, the Belgian Supreme Court clarified how the expiration period must be calculated for a tenant seeking eviction compensation when a commercial lease is not renewed.

Read the article »
Is it possible to combine refusal to pay an invoice with a claim for damages in construction contracts? The Court of Cassation rules on the “double sanction” for contractual breach
Case

13.06.2025

Real Estate, Renting and Co-ownership

Is it possible to combine refusal to pay an invoice with a claim for damages in construction contracts? The Court of Cassation rules on the “double sanction” for contractual breach

When a developer suffers loss because works have been carried out defectively, the following question regularly comes up: may the developer, in addition to claiming damages, also refuse to pay (part of) the contract price? The Belgian Court of Cassation recently examined this point in a ruling of November 8, 2024. The ruling re-affirms fundamental principles of the law of damages and has significant consequences for the day-to-day practice of construction contracts.

Read the article »
Important Changes to the Belgian Expatriate Tax Regime
News

23.05.2025

Employment Law

Important Changes to the Belgian Expatriate Tax Regime

Among all OECD countries, Belgium has the highest tax burden on labour. Nevertheless, in order to attract qualified personnel from abroad, Belgium has long provided a favourable expatriate tax regime. This regime is designed to ease the substantial Belgian tax and social security pressure for expatriates. In 2022, a new expatriate tax regime was introduced, although it is generally considered to be less advantageous than the previous system. The so-called Easter Agreement introduces a number of measures aimed at making the current regime more attractive again.

Read the article »
The Strengthened Collective Labour Agreement No. 32bis: What Has Changed Since 1 February 2025?
News

22.05.2025

Employment Law

The Strengthened Collective Labour Agreement No. 32bis: What Has Changed Since 1 February 2025?

The National Labour Council has recently carried out a comprehensive revision of Collective Labour Agreement No. 32bis of 7 June 1985 (“CLA No. 32bis”). The update aims to strengthen the obligations regarding the information and consultation of employees in the event of a transfer of undertaking.

Read the article »