In Belgium

An authentic deed (acte authentique / authentieke akte) is a legal document drafted and signed by a notary, giving it special legal force. In Belgian property law, an authentic deed is mandatory for:

  • All property sales and purchases
  • Donations of immovable property
  • Mortgage registrations
  • Division deeds
  • Co-ownership base deeds

How it works

Process. After signing the private agreement (compromise), the notary conducts searches (mortgage registry, urban planning, soil), prepares the deed, and convenes the parties for signing. This typically takes 3 to 4 months.

Legal force. An authentic deed has two special properties:

  1. Probative force: it constitutes proof of its content until challenged as a forgery
  2. Enforceable force: it can be directly enforced without a court judgement (e.g. the mortgage deed allows the bank to proceed directly to foreclosure)

Registration. The deed is registered at the mortgage registry and with the FPS Finance. Registration duties are paid at this stage.

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Good to know
A lease does not require an authentic deed — a private agreement between landlord and tenant is sufficient. However, a lease registered with the FPS Finance gains enhanced enforceability against the property’s future buyers.

Practical example

Emma buys an apartment in Ghent. She signs the compromise (private agreement) in March. The notary completes all searches and prepares the authentic deed. In June, Emma signs the deed at the notary’s office, pays the notary fees and registration duties, and receives the keys. The deed is registered at the mortgage registry, and Emma officially becomes the owner.