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

    • How can I get a copy of a registered private instrument or a proof of registration?

      Have you lost the original document? No need to worry: with a copy of the private instrument, you can still prove what has been registered.

      Are you unsure whether a private instrument has ever been registered with us? You can find out by requesting a so-called registration certificate. If we find the private instrument in our records, we will confirm this and you will receive proof of registration. If we cannot find the private instrument, you will receive an official statement confirming this. Good to have if you do not want to take any chances.

      Please note: a retribution is always charged for the request, even if no documents are found.

      1. Fill in the application form.

      Download the application form (Dutch | French | German) and fill it in completely.

      Make sure you clearly state who you are and include the necessary supporting documents:

      • Party directly involved: attach a copy of front and back of your identity card (when manually signing the form or sending it by post).
      • Entitled party of a party directly involved: attach a copy of front and back of your identity card (when manually signing the form or sending it by post) and proof of your capacity as entitled party (marriage certificate, birth certificate, certificate or deed of inheritance, notarial deed , etc.).
      • Mandatory or legal representative of the party directly involved: attach a copy of front and back of the identity card of the person signing as well as proof of your mandate.
      • Mandatory or legal representative of an entitled party of a party directly involved: attach a copy of front and back of your identity card of the entitled party, proof of their capacity as entitled party (marriage certificate, birth certificate, certificate or deed of inheritance, etc.) as well as proof of your mandate.
      • Third party (authorised by the justice of the peace): attach a copy of front and back of your identity card (when manually signing the form or sending it by post). Also attach the order from the justice of the peace showing that you are entitled to receive the copy or extract.

      2. Submit your application.

      This can be done quickly and easily online via MyMinfin.

      Save the form including any attachments as a single pdf file and sign it with your electronic identity card.

      Go to MyMinfin.be and submit the pdf via ‘Mijn interacties’ ('My interactions') > ‘Een document indienen of antwoorden op een brief’ ('Submit a document or reply to a letter') > ‘Ik beschik niet over een dienstcode’ ('I do not have a service code'). Then choose the document type ‘Aanvraag kopie van een document of opzoeking’ ('Applying for a copy of a document or search') from the list.

      Are you unable to submit the application form online via MyMinfin? No need to worry, you can also simply send it by post. Fill in the form, sign it and send it along with any attachments to the right department. Search our office directory for the contact details of:

      3. Pay the retribution.

      We will send you a transfer slip with the payable amount of:

      • 5 euros for a copy of a proof of registration (or registration certificate)
      • 10 euros for a copy of the private instrument itself

      You will receive this slip via eBox (Dutch | French | German) (MyMinfin) or by post.

      4. Only after you have paid, we will deal with your application and send you the copy.

      After payment, you will receive the copy within 30 calendar days.

      We cannot refund you, even if we do not find any registered private instrument during our search.

See also

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