Registering a private instrument

A private instrument is a document drawn up by the parties without the intervention of a civil-law notary. It is a written document made and signed between parties that can serve as proof that those parties have an agreement.
Registering a private instrument

  • When parties enter into an agreement, it is binding, even if it is an oral agreement. Should either party dispute the existence or content of the agreement, the party seeking enforcement of the agreement must be able to prove its existence or content. In that case, it is interesting to have a document signed and registered by the parties which can provide the necessary proof.

    FYI:

    • If you let your civil-law notary deal with a deed, it is an authentic deed. In that case, the notary will theoretically take care of the registration.
    • You can find all information about the registration of a lease agreement in the section ‘Registering a lease agreement’.
    • You can find all information about the registration of a gift in the section ‘Registering a gift’.

    Registration application for a private instrument

    You can easily submit your private instrument online for registration via MyMinfin.be. This is the fastest way.

    1. Log in to MyMinfin.

      If necessary, still on the welcome page, click on the tab ‘Mijn interacties’ (‘My interactions’) and open the section ‘Een document indienen of antwoorden op een brief’ (‘Submit a document or reply to a letter’).

    2. Select that you wish to submit a private instrument for registration.

      1. Select the option ‘Ik beschik niet over een dienstcode’ (‘I do not have a service code’).

        Your private instrument relates to an immovable property

        These are private instruments on ownership, usufruct, building lease, ground lease, right of use and occupation or easement of immovable property located in Belgium.

        In the drop-down menu, select ‘Onderhandse akte onroerend goed’ (‘Private instrument of immovable property’).

        Enter the postal code of the immovable property. For a private instrument covering multiple immovable properties with different postal codes, you need to submit the instrument for each postal code separately.

        You have another private instrument

        This is any document you wish to submit for registration. If, for example, you submit a manuscript for registration, the document will be registered with the government after paying the registration duty. This means you can later prove that your manuscript existed on the day of registration.

        In the drop-down menu, select ‘Andere onderhandse akte’ (‘Other private instrument’).

        Enter the postal code of the place of residence of one of the parties.

      2. Choose whether you submit the registration in your own name or in the name of someone else. This determines where the document will be saved and can be consulted later: either in the documents in your own MyMinfin or in the documents of the other person.
      3. Click on ‘Volgende’ (‘Next’).

    3. Attach a pdf of the signed instrument with the signatures of all parties.

      You are allowed to upload one document in pdf format (instrument with attachments merged into one pdf). This may be a copy of the instrument with the manual signatures of all parties or an original copy with the electronic signatures (eID certificate) of all parties.

    4. Send the document.

      Click on ‘Indienen’ (‘Submit’).

      Under the tab ‘Mijn documenten’ (‘My documents’) you (or the person for whom you submitted the document) will find the document and the date of sending. You can also download the document there.

  • If the private instrument meets the legal conditions, you will receive any payment notice and the proof of registration in the section ‘Mijn documenten’ (‘My documents’) of MyMinfin. If your eBox (in Dutch/French/German) is activated, you will be notified as soon as the document is available. You will also always receive any payment notice by post.

    Are you unable to send the document online via MyMinfin? You can also send the document by post.

    • Where can I find the document I sent via MyMinfin?

      Under the tab ‘Mijn documenten’ (‘My documents’) you will find the document and the date of the registration application.

      You can also download the document there.

    • When will my private instrument be registered?

      We will register your private instrument if it meets the legal requirements.

      Flemish Region

      We will register the private instrument:

      • on the date of receipt of the document via MyMinfin or by post if we have received the document during our working hours (on working days until twelve o'clock)
      • on the next working day if we have received the document outside our working hours (on working days after twelve o'clock, during (long) weekends or public holidays)

      We will forward the registered document to the Flemish Tax Administration, which in turn will request the tax due.

      Brussels-Capital Region and Walloon Region

      We will register the private instrument upon payment of the registration duty to our account. For the exact amount of the registration duty and the account number, you will be sent a payment notice by post. If your eBox (in Dutch/French/German) is activated, you will also receive a notification in your eBox as soon as the document is available.

      When your private instrument is registered, you will receive the proof of registration:

      • digitally with a private instrument issued via MyMinfin
      • on paper when issued by post

See also

Need help?

I have not found the answer for my situation.