In Belgium

A pre-emption right (droit de preemption / voorkooprecht) allows its holder to purchase a property ahead of any other buyer, at the same price and conditions as those agreed with a third party.

In Belgium, pre-emption rights exist mainly for public authorities:

  • Social housing companies: right to acquire properties for social housing stock
  • Regions: for urban renovation zones, green spaces, or public infrastructure
  • Municipalities: in designated areas for community development
  • Flemish Land Agency (VLM): for nature reserves and open spaces in Flanders
  • Tenants: in some specific situations (e.g. tenant of a social housing being sold)

How it works

Notification. When a property subject to a pre-emption right is sold, the notary must notify the rights holder before completing the sale. The holder has a defined period (typically 2 months) to decide whether to exercise the right.

Exercise. If the holder exercises the right, they purchase the property at the agreed price — the original buyer is excluded. If they decline or do not respond within the deadline, the sale proceeds normally.

No impact on price. The pre-emption right does not allow the holder to negotiate a lower price. They buy at the exact price and conditions agreed between seller and the original buyer.

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Good to know
The notary checks for pre-emption rights as part of the sale procedure. As a buyer, you will be informed if a pre-emption right exists. The risk of it being exercised is generally low, but it can delay the sale by several weeks.

Practical example

Jan agrees to buy a house in Ghent for 320,000 EUR. The notary discovers that the Flemish Land Agency holds a pre-emption right on the plot. The agency is notified and has 2 months to decide. They decline, and the sale proceeds. Jan completes the purchase — with a 2-month delay compared to a property without pre-emption.