FOR WHOM
Investigation into real estate abroad for housing companies (woonmaatschappijen)
A sworn declaration calls for substantiated verification.
Do you have indications that a social tenant owns real estate abroad? Bureaubuitenland supports your housing company with targeted investigation into current and former ownership.
For Flemish housing companies and social rental agencies
Clarity about property abroad, from pre-check to full investigation.
Does a tenant or prospective tenant own real estate abroad? We investigate which properties are involved, where they are located, in whose name they are registered and since when. Where relevant and possible, we also map the value.
You receive a clear report with findings on, among other things, the ownership share, the date of acquisition and the manner of acquisition. This gives you concrete information to assess the individual case carefully against the applicable property conditions.
Our sector experience also includes investigations within the framework of Wonen in Vlaanderen (Housing in Flanders). Read more about the Flemish framework agreement for property investigation. We work with lawyers and appraisers who are authorised in the country under investigation and carry out the investigation in accordance with local legislation. An overview is available under research countries. The investigation is carried out in compliance with the GDPR rules, the applicable privacy rules and local legislation.
This gives you concrete, substantiated information for a careful assessment of your case.
The framework in plain language
The Vlaamse Codex Wonen (Flemish Housing Code) sets as a condition for social renting that the tenant and the members of the household do not own a home or building land, either in Belgium or abroad. The housing company checks this condition at allocation and may continue to do so during the tenancy. If property is found after all, then, depending on the case and the assessment by the competent authority or the judge, this may lead to termination of the tenancy agreement and recovery of social rent reduction wrongly received, possibly together with the costs of the investigation. See also the property ownership condition in the Flemish Housing Code.
The justice of the peace in Hamme (6 June 2019), the court of first instance in Antwerp (5 October 2020) and the justice of the peace court in Antwerp in the Woonhaven case confirmed this check in specific cases and took the investigation findings into account. The Antwerp justice of the peace went further: a housing company is not only permitted to investigate, it is obliged to do so, given its remit and the waiting lists. See also what the Belgian courts say about property investigation. Each ruling relates to a specific case and offers no guarantee for the outcome of another case.
When an investigation makes sense
At allocation
When allocating a home, if the case gives a concrete reason to do so.
Periodic check
During a periodic review of cases in which there is a concrete reason, within the applicable rules and the GDPR.
In case of signals
Long absence, an address abroad on mail or documents, reports from neighbours, contradictory statements.
On purchase or transfer
On a request to purchase the social housing unit or on a transfer of the tenancy agreement.
What the report contains
| Address and location | Full address and location of each property |
|---|---|
| Land registry | Land registry, plot and parcel number |
| Owner | In whose name it is registered and since when |
| Acquisition | Purchase, inheritance or donation |
| Co-ownership | Whether there is co-ownership and for what share |
| Value | Indication of value or official appraisal, with photos where possible |
| Sources | Source references and date of consultation |
What happens after a positive report?
From investigation findings to a carefully substantiated decision.
You present the findings to the tenant and allow room for a response. You then assess which consequences are appropriate within the applicable rules, such as termination of the tenancy agreement or recovery of the social rent reduction.
If the case comes before the justice of the peace (vrederechter), the report can be submitted as evidence. The judge assesses the evidential value of the report and the accompanying documents.
We continue to support you after delivery. We answer questions about the findings, provide explanations to the lawyers involved or the court where necessary and, on request, arrange a sworn translation of the source documents.
SERVICES
What you can commission
Pre-check
Usually within 1 to 2 weeks, an initial picture of whether real estate is registered in the name of the person concerned.
Read moreFull in-depth investigation
The full report with land registry data, method of acquisition, co-ownership and sources, usually within 2 to 4 weeks.
Read moreAppraisal on request
On request, we have the real estate investigated appraised by a local estate agent or appraiser. The substantiated valuation is included in the report, so that your organisation can take it into account when assessing the case.
Read moreFrom the knowledge base
Social rental agency, housing company and the property ownership condition: who checks what
Since the merger, tenants of a social rental agency are subject to the same rules as other social housing tenants. What this means for verification.
Read more
Recovering the social rent reduction after concealed property: calculation, time limit and procedure
How a housing company recovers the social rent reduction from a tenant who concealed property: what the reduction is, how far back, limitation.
Read more
Sworn declaration in social housing: why a signature is not a check
What the sworn declaration on foreign property entails, why it is not evidence and how a housing company does verify the condition.
Read moreFrequently asked questions
Yes. Where there is a strong suspicion or concrete indications of property abroad, a housing company can have a targeted investigation carried out.
This allows it to verify whether the tenant meets the applicable property condition. Bureaubuitenland supports this investigation through locally authorised lawyers and appraisers, in accordance with the legislation of the country under investigation. Your housing company assesses the findings and decides on the further follow-up.
You know the costs in advance.
The price of a pre-check depends on the country under investigation and the scope of the request. You receive a written quotation in advance, so you know where you stand.
A positive result does not automatically lead to a follow-up assignment. For a full investigation or a valuation, you receive a separate quotation. We only start after your approval.
You receive an indication of the lead time in advance.
A pre-check usually takes 1 to 2 weeks after receipt of all the required information. A full investigation usually takes 2 to 4 weeks after your order confirmation and receipt of the required information and documents.
The lead time depends on the country under investigation, the number of properties and the availability of the documents. We keep you informed of progress and any delays.
A clear purpose of investigation, secure data exchange and agreements on processing.
We use personal data exclusively for the agreed investigation into real estate. We limit processing to the data necessary for that purpose and exchange personal data and investigation documents via a secure channel.
Your housing company determines the purpose and legal basis of the processing. For the work we carry out as a processor, we conclude a data processing agreement. In it we lay down, among other things, which data we process, who has access, how we secure the data and when we delete or return it.
When engaging local investigation partners, we make agreements on confidentiality and data protection. If personal data is transferred outside the European Economic Area (EEA), the GDPR safeguards required for this must also be in place.
Yes. We align the approach in advance with the scope and purpose of your request.
Do you want to submit a larger number of cases? Together we determine which cases qualify for investigation and which data is necessary for that purpose. The selection and processing must fit within the applicable rules and the GDPR.
You receive a written quotation and a clear schedule in advance. You submit the data via our secure channel. Even with larger numbers, you receive a separate result for each case.
A first investigation result that gives direction to your next steps.
A positive pre-check means that there are indications of real estate in the name of the person investigated. A full investigation can then provide clarity about the ownership and the relevant details. A positive outcome does not in itself establish fraud.
A negative pre-check means that no real estate was found within the scope of the investigation carried out. This does not rule out every form of property abroad. If there is reason to do so and an appropriate legal basis, a separate pre-check into the spouse or partner can be carried out. You receive a quotation for this in advance.
With the result, we explain what was investigated, which limitations apply and which follow-up investigation may be useful.
Discuss your case
From a first question to a concrete approach. Do you have questions about possible property abroad of a tenant or prospective tenant? We think along with you and advise which investigation suits your case. You receive in advance a clear description of the assignment, an indication of the lead time and a written quotation. Contact us to discuss your case.